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HomeMy WebLinkAbout20171122 Ver 2_GUC BPDP For Public Notice_CLEAN__20191107Bank Parcel Development Package GUC NUTRIENT OFFSET AND BUFFER MITIGATION BANK PARCEL Tar -Pamlico River Basin NCDWR ID#: 2017-1122v2 t Bank Parcel Sponsor Restoration Systems, LLC POC: Raymond Holz (rholz@restorationsystems.com) Ph: 919-755-9490 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 November 7, 2019 Table of Contents 1.0 Introduction.....................................................................................................................................................1 1.1 Bank Sponsor......................................................................................................................................2 1.2 Project Location & Fee -Simple Ownership.........................................................................................2 1.3 Directions to Parcel from Raleigh: ...................................................................................................... 2 1.4 Parcel Overview..................................................................................................................................3 1.5 Historic Land Use................................................................................................................................3 2.0 Project Area — Current Conditions..................................................................................................................4 2.1 Physiography.......................................................................................................................................4 2.2 Soils.....................................................................................................................................................4 2.3 Existing Vegetative Communities.......................................................................................................5 2.4 Parcel Design and Implementation Constraints.................................................................................6 3.0 Restoration Plan..............................................................................................................................................8 3.1 Project Schedule.................................................................................................................................9 3.2 Construction Activities (Figure 6)......................................................................................................10 3.3 Permitting.........................................................................................................................................11 3.4 Planting Plan.....................................................................................................................................12 3.5 Parcel Protection & Easement Boundaries.......................................................................................14 3.6 As -Built Report/s...............................................................................................................................14 4.0 Monitoring and Maintenance Plan...............................................................................................................15 4.1 Monitoring Protocol & Success Criteria............................................................................................15 4.2 Parcel Maintenance..........................................................................................................................15 4.3 Long Term Management Plan...........................................................................................................15 510 Financial Assurance.......................................................................................................................................16 6.0 Mitigation Potential......................................................................................................................................16 6.1 Phase 1 Mitigation Potential.............................................................................................................17 6.2 Phase 2 Mitigation Potential.............................................................................................................19 6.3 Phase 1 & Phase 2 Credit Totals.......................................................................................................20 7.0 References.....................................................................................................................................................20 Appendix Appendix A: Figures and Photographs Figure 1— Parcel Location / Service Area Figure 2 — USGS Topography Figure 3 — NRCS Soil Survey Figure 4 — Current Conditions Figure 5 — Project Phasing & Easement Labeling Figure 6 — Phase 1 & 2 Restoration Plan Figure 7 A-C — Phase 1 Credit Determination Figure 8 A-B — Phase 2 Credit Determination Figure 9 — Monitoring Appendix B: NCDWR Correspondence Appendix C: NRCS Web Soil Survey Report Appendix D: Environmental Records, Scoping Letters, & PNG Easement Information Appendix E: Permitting References USACE Nationwide Permits 13, Bank Stabilization, and 40, Agricultural Activities FEMA Flood Insurance Rate Map of NC, Panel 2566 & 2565 NC Sedimentation Pollution Control Act of 1973 Appendix F: Existing Site Photos GUC Bank Parcel Development Plan Table of Contents Tar -Pamlico River Basin 8-Digit HUC: 03020103 Bank Parcel Development Package GUC Nutrient Offset and Buffer Mitigation Bank Parcel Pitt County, NC — Tar -Pamlico River Basin 1.0 Introduction The GUC Nutrient Offset and Buffer Mitigation Bank Parcel ("Parcel" or "Site") is proposed under the terms and conditions of the GUC Riparian Buffer and Nutrient Offset Mitigation Banking Instrument, made and entered into on by Restoration Systems, LLC (RS), acting as Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources (DWR). The Parcel shall be planned and designed according to the MBI, 15A NCAC 02B .0258, 15A NCAC 02B .0240, and the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295, which became effective on November 1, 2015. Located in Pitt County North Carolina, the project encompasses 97.09 acres of historic pasture and irrigated biosolids lands for the City of Greenville Waste Water Facility. The project will restore the riparian areas along three (3) unnamed tributaries and two (2) surface water conveyances (ditches) with direct hydrologic connection to Tar River. The primary purpose of the Parcel is to provide riparian buffer mitigation credit and nutrient offset credits for stormwater requirements within the United States Geological Survey (USGS) Cataloging Unit 03020103. The Site is comprised of three separate tracts situated just north of the Tar River. Currently, Site tracts are subject to an existing 50-foot Piedmont Natural Gas Company, Inc. (PNG) Easement. The subject easement is for PNG Line 42, DWR Permit No. 2012-1024 v7, and runs roughly east to west across Site parcels. In addition, a new PNG easement and gas line (Line 24 — DWR 2018-1640 — 401 approval on 04- 26-2019) will begin construction in September 2019 and will likely conclude two to three months later. Construction associated with the Line 24 will require a temporary construction easement on a portion of land slated to be incorporated into the Bank Parcel. Subsequently, implementation of the Bank Parcel will occur under a two phased approach. Phase 1, will include those Parcel easement tracts situated safely away, at a minimum 200-feet, from the construction limits of Line 24, and Phase 2 which will include the remaining acreage. RS will not begin any riparian site work within Phase 2 of the project until DWR has verified in writing that PNG is compliant with applicable permits for the pipeline constructed on the Parcel and the temporary PNG easement is abandoned.. Table 1 details each phase's size. Table 1: Bank Parcel Phases & Tract Sizes Phase Easement Tract No. Acreage Total Phase Acreage Phase 1 1 8.43 68.02 2 7.89 3 23.01 4 28.69 Phase 2 5 10.36 29.07 6 7.89 7 10.82 Total = 97.09 Each phase will have its own credit release schedule for milestones met in accordance with the GUC Mitigation Banking Instrument (MBI). Details regarding project phasing are provided in Section 3.0 — Restoration Plan and Section 6.0 — Mitigation Potential. GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC: 03020103 pg. 1 NCDWR representatives Katie Merritt and Chris Pullinger conducted an onsite determination for parcel applicability and suitability on November 11, 2017. Follow-up information was provided to Katie Merritt on January 22, 2019 and a Site Viability for Buffer & Nutrient Offset was provided by the Division on March 25, 2019 (Appendix B). RS will secure a conservation easement to preserve the Site in perpetuity, and restrict any development that would impair or interfere with the conservation values of the Parcel. Per the referenced Mitigation Banking Instrument (MBI) above, RS will arrange the transfer of the conservation easement and its interests in perpetuity to a qualified holder under N.C. General Statute ("G.S.") 121-34 et seq. and 170(h) of the Internal Revenue Code prior to the end of the fourth year monitoring period. The holder shall be a land trust or stewardship program accredited by the Land Trust Accreditation Commission and/or approved by DWR. A land trust must be certified under 501(c) (3) of the Internal Revenue Code and must have the qualifications outlined in G.S. 105-130.24 and G.S. 105-151.12. 1.1 Bank Sponsor The Site is proposed by Restoration Systems, LLC (RS). Contract information for RS is provided below; Restoration Systems, LLC Attention: Raymond Holz 1101 Haynes Street, Suite 211 Raleigh, NC 27604 rholz@restorationsystems.com 919.755.9490 1.2 Project Location & Fee -Simple Ownership The Parcel is located approximately 4.5 miles east of Greenville in Pitt County, NC (Figure 1, Appendix A) and within the municipal boundaries of Greenville. The City of Greenville (City) is the current fee -simple owner of tracts associated with the Bank Parcel, which were historically used as agricultural fields by private landowners, as biosolid irrigation fields for the City's Waste Water Treatment Plant, and most recently again as agricultural fields. The Parcel is within the Tar -Pamlico River Basin 14-digit USGS Cataloging Unit 03020103070030 of the Middle Atlantic Coastal Plain (North Carolina Division of Water Quality [NCDWQ] Sub -basin Number 03-03-05) (Figure 1, Appendix A). Fee simple ownership and details are provided in Table 2. Table 2: Bank Parcel Fee Simple Ownership Owner Name D.B/Pg. NC PIN# Acreage City of Greenville J45 / 527 5607389713 68.46 City of Greenville 236 / 573 5607586918 161.71 City of Greenville 250 / 354 5607886517 336.64 1.3 Directions to Parcel from Raleigh: - Get on 1-440 E from Capital Blvd - Follow US-264 E to US-264 W (Greenville) - Take Old Pactolus Rd 3.2 miles — Parcel is located on your right Latitude: 35.603194° Longitude:-77.294509° GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC: 03020103 pg. 2 1.4 Parcel Overview The Site encompasses three tracks of land, totaling 574.58 acres of historic agricultural land and includes two (2) surface water conveyances (ditches) with direct hydrologic connection to two (2) unnamed tributaries which drain immediately to the Tar -Pamlico River. A third unnamed tributary is also present onsite and connects to an onsite tributary before entering the Tar -Pamlico River (Figure 1, Appendix A). Parcel surface water conveyances and unnamed tributaries have been cleared of vegetation by historical agricultural practices and maintained as cleared ditches. Small pockets of disturbed forests do remain on Site; located at the top of Feature 2, along the margins of Feature 5, and in the southeast corner of Feature 8. Existing dirt roads, a powerline, and a small dilapidated agricultural building are located on the property and will either be outside of proposed restoration areas, relocated, or removed completely from the Parcel's footprint. NCDWR representatives Katie Merritt and Chris Pullinger conducted an onsite determination for parcel applicability and suitability on November 11, 2017. Following -up information was provided to Katie Merritt on January 22, 2019 and a Site Viability for Buffer & Nutrient Offset was provided by the Division on March 25, 2019 and revised on May 29, 2019 (Appendix B). A summary of parcel features, viability, and their association with project phasing is provided in Table 3. Table 3. Project Features Descriptions DWR Feature ID Project Phase In Field Classification *Buffer Credit Viability Nutrient Offset Viability 1 NA Ditch No No 2 Phase 1 Stream Yes Yes (non -forested areas only) 5 Phase 2 Ditch No Yes* 6A Phase 2 Ditch No Yes 6B Phase 2 Stream Yes Yes (non -forested areas only) 7A Phase 1 & 2 Stream Yes Yes (non -forested areas only) 7B Phase 1 Stream Yes Yes (non -forested areas only) 8 Phase 1 Stream Yes Yes (non -forested areas only) * Note: This feature may be impacted by the PNG Line 42 maintenance easement & the proposed PNG line 24. Therefore, it cannot be used as a Restoration Site until compromised culverts are replaced or removed, overhead utilities removed, and PNG Line 24 has been constructed, & PNG no longer needs their construction easement. 1.5 Historic Land Use City of Greenville Waste Water Treatment Plant (WWTP) Use: The City of Greenville's Wastewater Treatment Plant is located at 240 Aqua Lane (approximately % mile from the Site). The facility was originally built in 1985 as a 10.5 MGD, secondary treatment, activated sludge plant. The facility was expanded in 1996 to tertiary treatment with a capacity of 17.5 MGD. The expansion included Enhanced Biological Nutrient Removal, Biological Phosphorus Removal, Tertiary Filtration, and Ultraviolet (UV) Disinfection prior to releasing effluent into the receiving stream (Tar- GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC: 03020103 pg. 3 Pamlico River) under NPDES Permit #NC0023931. Residuals are currently managed by aerobic digestion, belt filter presses and beneficially composted offsite (Class A) by a third party contractor. Historically, the treatment facility produced —1,400 dry tons of biosolids annually. Class B biosolids were irrigated over the WWTP Farm acreage (-330 Permitted — 700 Total) which was purchased in 1989 for this purpose. From 1989 until 2004 biosolids were applied, coastal Bermuda and livestock were managed on the property by Greenville Utilities Staff and farmers via annual lease agreements. With increased requirements for land application based on plant available nitrogen (PAN) and regulatory trends, land application of class B biosolids became a more challenging disposal option. In 2004, the Greenville Utility Commission (GUC) elected to adopt a new biosolids management strategy and ceased its biosolids land application program. The current management strategy utilizes a third -party contractor, to haul dewatered biosolids to a regional composting facility in Chatham County. Since 2004, the GUC has maintained the property in its 1989 — 2004 condition to once again irrigate Class B biosolids waste again if desired. Coastal Bermuda grass has been maintained across the site, select herbicides have been used to remove noxious and invasive herbaceous species, surface features have been maintained, and the irrigation system has been kept in a working condition. Table 4. Timeline of Land Use Period Land Use Pre 1989 Pasture / Agricultural 1989— 2004 Irrigated biosolids with livestock (Bermuda Grass) Since 2004, Greenville Utilities has maintained the property in it's 1989 — 2004 condition so if the WWTP decided to irrigate biosolids waste again, it could. Coastal Bermuda grass has been maintained across the site, select herbicides 2004 — Present have been used to remove noxious and invasive herbaceous species, surface features have been maintained, and the irrigation system has been kept in a working condition. 2.0 Project Area — Current Conditions 2.1 Physiography The Parcel encapsulates a heavily modified headwater stream system within the Middle Atlantic Coastal Plain. Specifically, Ecoregion IV - 63e Mid -Atlantic Flatwoods that occupies the middle portion of the coastal plain in northern North Carolina and southern Virginia. Upland surfaces are wider, lower in elevation, with less local relief, and have more poorly drained soils compared to Ecoregion 65m - Rolling Coastal Plain (Griffith et al. 2002). The watershed is dominated by agricultural land, fringe forests, and impervious surfaces associated single family homes and roads — Figure 3 Appendix A. Surrounding area land use is primarily row -crop agriculture, with some low density residential housing and cattle pasture. 2.2 Soils A detailed soil report for the Parcel was produced using the Natural Resource Conservation Service's (NRCS) Web Soil Survey. Based on the custom Pitt County report, the Parcel contains eleven soil series outlined in Table 5. A detailed review of Parcel soils is provided in Appendix C. GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC: 03020103 pg. 4 Table 5: Parcel Soils Map Unit Symbol Map Unit Name Percent of Bank Parcel Hydric Soil Rating A B g Alaga loamy sand, banded substratum, 0 to 6 percent slopes (Alpin) 10.9 No AIB Altavista sandy loam, 0 to 4 percent slopes 1.5 No Bb Bibb complex 0.6 Yes LaB Lakeland sand, 0 to 6 percent slopes 22.7 No Oe Olustee loamy sand, sandy subsoil variant (Murville) 6.3 Yes Os Osier loamy sand, loamy 33.8 Yes Pa Pactolus loamy sand 7.2 No Po Portsmouth loam 2.8 Yes Tu Tuckerman fine sandy loam (Yonges) 7.4 Yes WaB Wagram loamy sand, 0 to 6 percent slopes 7.9 No 2.3 Existing Vegetative Communities Agricultural fields account for nearly 100 percent of the Parcel's current land use. These areas are dominated by Costal Bermuda grass. Forests immediately adjacent to the Parcel and along the margins of some Parcel features, have been heavily manipulated over the years and are mainly comprised of primary successional species, i.e. red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), and tulip poplar (Liriodendron tulipifera). Minimal amounts of invasive species have been documented within and adjacent to the Parcel and include Chinese privet (Ligustrum sinense) and multiflora rose (Rosa multiflora). Undisturbed reference forest conditions adjacent to the site, or within a reasonable distance, could not be located. Given the Parcels physiography and drained hydric soil condition, RS has determined a mix of Brownwater Bottomland Hardwoods (High Subtype) and Mesic Mixed Hardwood Forest (Coastal Plain Subtype) is the most appropriate reference forest (Schafale, M.P. and A.S. Weakley. 2012). Table 6A and 6B outline the species included in this reference forest ecosystem. Table 6A: Reference Forest Ecosystem — Canopy Species (Schafale, M.P. and A.S. Weakley. 2012) Brownwater Bottomland Hardwoods (High Subtype) Mesic Mixed Hardwood Forest (Coastal Plain Subtype) Canopy Species American sycamore (Platanus occidentalis) Tulip poplar (Liriodendrum tulipifera) Sugarberry (Celtis laevigata) Florida maple (Acer floridanum) Green ash (Fraxinus pennsylvanica) White oak (Quercus alba) River birch (Betula nigra) Northern Red Oak (Quercus rubra) Red maple (Acer rubrum) Swamp chestnut oak (Quercus michauxii) Boxelder (Acer negundo) Cherrybark oak (Quercus pagoda) Bitter pecan (Carya aquatica) Shagbark Hickory (Carya ovata) Sweetgum (Liquidambarstyraciflua) Southern red oak (Quercus falcate) GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC:03020103 pg. 5 Table 6A: Reference Forest Ecosystem — Canopy Species (Schafale, M.P. and A.S. Weakley. 2012) Brownwater Bottomland Hardwoods (High Subtype) Mesic Mixed Hardwood Forest (Coastal Plain Subtype) Canopy Species American beech (Fagus grandifolia) Table 613: Reference Forest Ecosystem — Canopy Species (Schafale, M.P. and A.S. Weakley. 2012) Brownwater Bottomland Hardwoods (High Subtype) Mesic Mixed Hardwood Forest (Coastal Plain Subtype) Understory Species Pawpaw (Asimina triloba) American hophornbeam (Ostrya virginiana) Ironwood (Carpinus caroliniana) Sourwood (Oxydendrum arboreum) Flowering dogwood (Cornus florida) American hornbeam (Carpinus caroliniana) American Holly (Ilex opaca) Silky camellia (Stewartia malacodendron) Swamp Bay (Persea palustris) 2.4 Parcel Design and Implementation Constraints The presence of conditions or characteristics that have the potential to hinder restoration activities on the Parcel were evaluated. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, the potential for hydrologic trespass, and existing utility easements. Existing information regarding Parcel constraints was acquired and reviewed including an Environmental Records Report developed by Environmental Data Resources Inc. which located no evidence of environmental risk associated with the Parcel (Appendix D). In addition, any Parcel conditions that have the potential to restrict the restoration and implementation were documented during the field investigation. A summary of findings is below. As a result of our review and field surveys, no known Parcel constraints exist that may hinder proposed restoration activities. Potential constraints reviewed include the following; 2.4.1 Existing Piedmont Natural Gas Company, Inc. (PNG) Easements Site parcels are subject to an existing 50-foot PNG Easement (D.B. 3075 Pg. 123-126 and D.B. 3075 Pg. 127-130 - Appendix D). The existing easement is for PNG Line 42, DWR Permit No. 2012-1024 v7, and runs roughly east to west across the Bank Parcels. The proposed conservation easement for the Bank Parcel excludes any area where the existing easement for Line 42 intersects with Parcel Features. In addition, a new PNG easement and gas line (Line 24 — DWR 2018-1640 —401 approval on 04-26-2019) will begin construction in September 2019 and will likely be concluded two to three months later. Construction associated with the Line 24 will require a temporary construction easement on a portion of land slated to be incorporated into the Bank Parcel; subject areas fall within Phase 2 of the Parcel. Upon completion of Line 24, and final PNG easement will be deeded, and the temporary construction GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC:03020103 pg. 6 easement will be removed. At which time, IRS will confirm the PNG easement, revise the Phase 2 easement as necessary, and record the permannt conservation easement for Phase 2. Both PNG easements have been surveyed by a licensed land surveyor (John Rudolph — K2 Design Group: L-4194), and will not be included in the Bank Parcel's conservation easement. Furthermore, IRS will apply a 5-foot buffer from the PNG easement to the Bank Parcel's easement to prevent encroachment. 2.4.2 Existing Utility Line Adjacent to Feature 6A, is a non-functioning GUC powerline, which runs to a dilapidated farm building also located adjacent to Feature 6A (Phase 2). GUC will remove the powerline and abandon the 30-foot utility easement prior to placement of the conservation easement associated with Phase 2 of the Bank Parcel. 2,43 Threatened and Endangered Species Species with the classification of Endangered (E), Threatened (T), or officially Proposed (P) for such listing are protected under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.0 1531 et seq.). Five species are federally listed within the Parcel boundaries for Pitt County by the United States Fish and Wildlife Service (USFWS) (USFWS 2008), and are listed below. Table 7: USFWS FSC Species List Common Name Scientific Name West Indian Manatee Trichechus manatus Red -cockaded Woodpecker Picoides borealis Atlantic Pigtoe Fusconaia masoni Dwarf Wedgemussel Alasmidonta heterodon Tar River Spinymussel Elliptio steinstansana Based on communications with the USFWS, there are no critical habitats within the project area. The biological conclusion of the proposed mitigation activities is, no effect on species listed above and will result in positive benefits for these species through improved habitat and water quality (Appendix D). 2.4.4 Cultural Resources The term "cultural resources" refers to prehistoric or historic archaeological sites, structures, or artifact deposits over 50 years old. "Significant" cultural resources are those that are eligible or potentially eligible for inclusion in the National Register of Historic Places. Evaluations of site significance are made with reference to the eligibility criteria of the National Register (36 CFR 60). Field visits were conducted in February of 2019 to ascertain the presence of structures or features that may be eligible for the National Register of Historic Places. No structures were found. An online search using the North Carolina State Historic Preservation Office's (SHPO) Web GIS Service (http://gis.ncdcr.gov/hpowebA and the National Register of Historic Places GIS Search (https://www.nps.gov/maps/full.html?mopld=7od17cc9-b808-4ff8-o2f9-o99909164466) identified zero structures within the Parcel boundaries, or within 1 mile of the Parcel. Furthermore, communication GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC:03020103 pg. 7 with the SHPO (Appendix D) concluded, "We have determined that the project as proposed will not have an effect on any historic structures." 2.4.5 Irrigation Infrastructure {Figure 4) Irrigation infrastructure previously used for the irrigation of biosolids by the City of Greenville's Wastewater Treatment Plant will remain on the property. All such infrastructure is located outside of the proposed conservation easement areas. Landuse outside of the easement areas are expected to stay in agriculture, and as such, the irrigation infrastructure will remain to support those activities. The use of the subject tracts of land including the easement areas for biosolid application has not occurred since 2004, and will not occur within the easement at any point moving forward. 3.0 Restoration Plan The primary goals associated with the restoration of riparian areas within the Bank Parcel will focus on improving water quality, enhancing flood attenuation, and restoring wildlife habitat. The Project goals for each Phase are identical, while the Restoration Plan for each differ only with regards to the removal of existing infrastructure. These goals will be achieved through the creation of a forested riparian buffer adjacent to stream channels and a forested riparian area along agricultural ditches. Goals will be accomplished by the following. 1. Removing nonpoint sources of pollution associated with agricultural production, including a) ceasing the broadcast application of class B biosolids, fertilizer, pesticides, and other agricultural materials into and adjacent to Parcel surface water conveyances (ditches) and streams b) providing a restored buffer to filter runoff from adjacent lands. 2. Reducing sedimentation within onsite and downstream receiving waters by reducing bank erosion, vegetation maintenance, and agricultural land disturbances. 3. Promoting floodwater attenuation by increasing frictional resistance of floodwaters crossing Parcel floodplains. 4. Improving aquatic habitat by enhancing stream bed shading and natural detritus input. 5. Providing a terrestrial wildlife corridor and refuge in an area extensively developed for agricultural production. 6. Restoring and re-establishing natural community structure, habitat diversity, and functional continuity. 7. Protecting the Parcel's riparian buffer functions and values in perpetuity. Primary components of the Restoration Plan include: 1.) Removal of an existing, abandoned farm building adjacent to feature 6B & removal of a powerline adjacent to features 6A and 613, 2.) Removal of existing compacted earth roads adjacent to features 6A, 613, and 8, 3.) Removal of four culverts, 4.) Parcel -wide soil preparation & herbaceous vegetation treatment, 5.) Riparian area restoration (replanting) extending from the top of bank (TOB) out 200' where applicable and, 6.) Parcel protection in perpetuity through a conservation easement. Table 8 details the Restoration Plan action associated with each Phase. GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC: 03020103 pg. 8 Table 8: Restoration Plan Activities Restoration Plan Activity Phase 1 (Figure 6, Appendix A) Phase 2 (Figure 6, Appendix A) 1.) Removal of existing dirt roads adjacent to Parcel Features 6A, 66 1.) Removal of existing dirt roads 2.) Removal of two existing culverts at adjacent to Parcel Features 2 & 8 the confluence of Features 5 and Removal of 6A Existing 2.) Removal of two existing culverts Infrastructure at the confluence of Features 76 3.) Removal of an existing, abandoned and 8 farm building adjacent to feature 66 4.) Removal of a powerline adjacent to features 6A and 66 1.) Parcel -wide soil preparation 1.) Parcel -wide soil preparation herbaceous vegetation treatment herbaceous vegetation treatment ahead of planting ahead of planting 2.) Establishment of a native 2.) Establishment of a native Riparian herbaceous community via site- herbaceous community via site - Restoration specific seed mix* specific seed mix* 3.) Establishment of a native hardwood 3.) Establishment of a native hardwood forest via planting of bare -root forest via planting of bare -root saplings from the top of bank out a saplings from the top of bank out a maximum of 200' along Parcel maximum of 200' along Parcel Features. Features. * Permanent Seed Mix: RS will include both native grasses and forbs, with a variety of annual and perennial plants known to benefit wildlife and pollinators. The grass seed component will focus on low growing species which favor the establishment of the target forest community, particularly species such as purpletop (Tridens flavus) and bentgrass (Agrostis hyemalis). The forb component will include a diverse mixture of native and naturalized forbs and wildflowers, including fifteen or more species. 3.1 Project Schedule Phase 1 restoration are planned to being in the winter of 2019 with planting occurring in early spring of 2020 (February/March). A Phase 1 project timeline is provided below (Table 9) and includes restoration plan activities and project milestones. RS is unable to accurately predict a project schedule for Phase 2, as it is dependent upon completion of the PNG Gas Line 24. RS will provide DWR with written updates regarding the status of Phase 2 as it becomes available. GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC: 03020103 pg. 9 Table 9: Phase 1 Project Schedule Activity / Milestone Date Parcel Protection via conservation easement Q12020 Removal of powerlines, culverts, old ag. buildings, and impervious roads Q12020 Soil preparation Q12020 Planting Q12020 As -Built Q2 2020 Year 1 monitoring Q4 2020 Year 2 monitoring Q4 2021 Year 3 monitoring Q4 2022 Year 4 monitoring Q4 2023 Year 5 monitoring Q4 2024 Closeout Q12025 3.2 Construction Activities (Figure 6) Three primary construction activities will occur onsite, 1.) Removal of an existing, abandoned farm building adjacent to feature 6B & removal of a powerline adjacent to features 6A and 613, 2.) Removal of existing compacted earth roads adjacent to features 6A, 613, and 8, 3.) Removal of four culverts. Upon the removal of the powerline, abandoned agricultural building, and existing compacted earth roads, the Parcel will be treated to remove established coastal Bermuda grasses. A pre -emergent herbicide will be used to treat existing seed sources of undesirable herbaceous species. The Parcel will then be disked, and allowed to reset prior to planting. Based on observations and possible soil tests, IRS will be proactive to address areas where additional soil amendments may be required. Four culverts will be removed, two between features 5 and 6A, and two between features 7B and 8. Once removed, the side slopes will be graded to match existing slopes at approximately a five to one (5:1) slope. Matting, native seed mix, and live stakes will be used to stabilize the stream banks and to avoid erosion, providing long-term stability. Where necessary, black willow live stakes will be used to naturally stabilize the banks throughout the Parcel for the long-term. Prior to planting, Parcel areas, will be ripped and scarified in linear bands perpendicular to the direction of surface water flows. The established microtopography on leveled surfaces will promote diffuse flow and surface water storage throughout the floodplain. Impacts to Waters of the US as a result of construction activities are summarized in Table 9. GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC:03020103 pg. 10 Table 9: Summary of Impacts Activity Project Phase Location Feature Types Temporary Impacts Reasoning 2 - Connection Unnamed Culverts are no longer Phase 1 between Feature Tributaries needed. Removal will Removal of 7B and 8 +/- 100 I. ft. of ensure flow is not four existing Stream Bank impeded, reduce the risk culverts 2 — Connection (Stabilization) of hydrologic trespassing, Phase 2 between 5 and Ditch & improve state waters 6A (15A NCAC 02B .0211(2)). 3.3 Permitting Activities outlined above do not require a permit or written notification to any regulatory agencies, i.e. US Army Corps of Engineers, NCDWR, FEMA, and/or Pitt County. Reasoning for each is summarized below: USACE — Under no applicable USACE Permit do the construction activities summarized in Table 9 warrant a USACE permit or consultation. Construction activities to Waters of the US will be far less than thresholds which require consultation, i.e. 300 I. ft. to stream beds and 500 I. ft. to stream banks. (h ttp://www. saw. usace. army. m it/Missions/Rep ul atory-Permit-ProgromIPermi ts/2017- Na ti o n wi d e-Perm i NCDWR — Under no applicable NCDWR Permit do the construction activities summarized in Table 8 warrant a NCDWR permit or consultation. Parcel visits with NCDWR Staff were conduction on November 11, 2017. FEMA— The Parcel is located within the Special Flood Hazard Area (SFHA) zone AE (1% annual chance of flooding) and also Zone X (.2% annual chance of flooding) as a result of the Parcel's proximity to Tar -Pamlico River (Flood Insurance Rate Map [FIRM] NC, Panel 5607 J, 5608 K, and 5617 J). FEMA coordination/review is conducted at the county level. Regulated activities within mapped FEMA areas are discussed under Pitt County Planning & Development Services Ordinance No. 4 (https://www. pittcountync. gov/DocumentCenter/View/797/Flood-Damage-Prevention- Ordinance-PDF?bidld=). Pitt County ordinances are specifically tied to substantial improvements or new construction / development, not the removal of structures. Furthermore, there is no restriction on plowing, or planting trees within Zone AE or Zone X if baseline flood elevations have been determined. In summary, the Parcel is located in FEMA Special Flood Hazard Area Zone AE and Zone X. Pitt County, NC does not prohibit plowing and/or planting trees in such an area and therefore, FEMA coordination is not required. GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC:03020103 pg. 11 Land Quality: Sediment and Erosion Control — The NC Sedimentation Pollution Control Act of 1973 governs all land disturbing activities except agriculture and mining, which is regulated by the Mining Act of 1971. The restoration activities proposed at the Parcel fall under the agricultural exemption. Light disking within the project footprint will be done in a way that will reduce any excess runoff into waterbodies. A vegetated strip along existing ditches and other waterbodies will be kept in place to further manage any excess sediment from leaving the Parcel. The Parcel will be planted in temporary ground cover for soil stabilization and reduction of sediment loss during rain events. The referenced Act is provided in Appendix F. 3.4 Planting Plan Restoration of the riparian area allows for recolonization and expansion of characteristic species across the landscape. The riparian areas will be restored in accordance to 15A NCAC 02B .0295. The planting plan for the entire riparian restoration area (Phase 1 and 2), includes planting native bare root hardwood and shrub saplings across 86.36 acres at a Parcel density of 750 stems per acre and live stakes for stream bank stabilization where necessary. Community associations utilized in the proposed planting plan below include 1.) Brownwater Bottomland Hardwoods (High Subtype) and 2.) Mesic Mixed Hardwood Forest (Coastal Plain Subtype) (See Schafale 2012). Species composition is intentionally diverse and while based on these communities, also accounts for local observations and nursery availability. All species are proposed based on their ability for sediment stabilization, rapid growth rate, the ability to withstand hydraulic forces associated with flood events, suitability to specific soil types, and site conditions. Trees will be mixed thoroughly before planting to provide a diverse and random planting of across the site. Planting will occur at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 trees per acre at the end of five years. No one tree species will be greater than 50% of the established stems. Tree species proposed for planting are detailed in Table 9A. Site preparation will also be conducted to promote tree establishment and reduce potential competition from non-native invasive species and other undesirable weedy species. Existing dense turf grasses will be controlled to facilitate planting. This process will include the application of an herbaceous seed mix including diverse native wildflowers and grasses which will serve as a nurse crop for the planted trees and provide additional functional uplift to the site during its time as an open canopy stand. Tables 10A and 1013 provide a detailed planting list broken out by Phase. Space Purposefully Left Blank GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC: 03020103 pg. 12 Table 10A: Proposed Hardwood Bare Root Planting Plan by Species* Common Name Scientific Name Tree/ Shrub Phase 1 (60.3 ac.) Phase 2 (26.06 ac.) Total % of Total Planted Trees River birch Betula nigra Tree 4,000 1,200 5,200 8.64% Ironwood Carpinus caroliniana Tree 11300 700 2,000 3.32% Mockernut hickory Carya tomentosa Tree 700 300 1,000 1.66% Sugarberry Celtis laevigata Tree 21400 900 3,300 5.48% Red bud Cercis canadensis Tree 800 300 1,100 1.83% Persimmon Diospyros virginiana Tree 800 400 1,200 1.99% Tulip poplar Liriodendron tulipifera Tree 3,400 1,800 5,200 8.64% Red mulberry Morus rubra Tree 1,200 400 1,600 2.66% Black Gum Nyssa sylvatica Tree 3,400 1,700 5,100 8.47% Sycamore Platanus occidentalis Tree 3,400 1,800 5,200 8.64% Cherry Prunus serotina Tree 700 400 1,100 1.83% White oak Quercus alba Tree 1,400 800 2,200 3.65% Swamp white oak Quercus bicolor Tree 1,400 700 2,100 3.49% Laurel oak Quercus laurifolia Tree 800 400 1,200 1.99% Overcup oak Quercus lyrata Tree 2,000 1,000 3,000 4.98% Swamp chestnut oak Quercus michauxii Tree 2,500 800 3,300 5.48% Water oak Quercus nigra Tree 2,200 800 3,000 4.98% Cherrybark oak Quercus pagoda Tree 2200, 800 3,000 4.98% Willow oak Quercus phellos Tree 1,500 800 2,300 3.82% Red oak Quercus rubra Tree 21200 800 3,000 4.98% Shumard oak Quercus shumardii Tree 1,500 600 2,100 3.49% American elm Ulmus americana Tree 2,200 800 3,000 4.98% Total 42,000 18,200 60,200 100% *Note: Species availability may result in the substitution of regionally appropriate native species. In addition to the above listed native hardwoods trees, the Sponsor proposes the planting of several different species of native shrubs, aiding in the developing of a robust, ecologically sound riparian buffer. Shrub species will count towards success criteria per the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (November 1, 2015). It is anticipated that planting of shrub species will occur at an average density of 53 stems per acre. Table 10B details the type and amount of shrub species identified for planting. GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC:03020103 pg. 13 Table 10B: Proposed Shub Bare Root Planting Plan by Species* % of Total Tree/ Phase 1 Phase 2 Common Name Scientific Name Total Planted Shrub (60.3 ac.) (26.06 ac.) Shrubs Chinkapin Castanea pumila Shrub 100 100 200 4.26% Cephalanthus Buttonbush Shrub 600 200 800 17.02% occidentalis Silky dogwood Cornus amomum Shrub 500 200 700 14.89% Hawthorn Crataegus marshallii Shrub 700 200 900 1 19.15% Crabapple Malus angustifolia Shrub 400 200 600 12.77% Chickasaw plum Prunus angustifolia Shrub 300 200 500 10.64% Elderberry Sambucus canadensis Shrub 700 300 1,000 21.28% Total 3,300 1,400 4,700 100% *Note: Species availability may result in the substitution of regionally appropriate native species. 3.5 Parcel Protection & Easement Boundaries Prior to the release of any credits, from either Phase, RS will record a permanent conservation easement at the Pitt County Register of Deeds sufficient to ensure protection, operation and maintenance of restored riparian buffers and other riparian areas in perpetuity. The form of the conservation easement shall be consistent with the standards employed by the State of North Carolina in the protection of restored riparian buffers and riparian areas and shall be approved by the DWR prior to the release of any credits. Parcel easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post, tree - blazing, or other means as allowed by Parcel conditions and/or conservation easement, and will be installed before the submittal of the As -Built Report. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. The easement boundary will be checked annually as part of monitoring activities and reported to NCDWR. 3.6 As -Built Report/s An As -Built report/s will be submitted to DWR for both Project Phases (1 and 2) documenting the completion of the Site's Restoration Plan. RS reserves the right to submit one As -Built Report to document the completion of Site construction for both Phase 1 and Phase 2 if the construction of each phase begins and ends at the same time. Or, RS must submit two separate As -Built Reports to document the completion of Site construction for Phase 1 and for completion of Site construction for Phase 2 if construction of the phases occurs at different times. All As -Built Reports shall reflect the Phase for which it is being submitted. GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC:03020103 pg. 14 4.0 Monitoring and Maintenance Plan 4.1 Monitoring Protocol & Success Criteria Restoration monitoring procedures for vegetation at each Phase will monitor plant survival and species diversity. Quantitative sampling will include eighty-seven (87 [Phase 1 = 61 Plots & Phase 2 = 26) permanent 10 x 10 meter vegetation plots as outlined in the CVS Level 1-2 Protocol for Recording Vegetation, Version 4.2 (Lee et al. 2008) and will occur no earlier than Fall of each year (Figure _ - Monitoring Plan). A reference photo will be taken from the origin point of each plot. All planted stems in the plots will be marked with flagging tape and recorded. Data collected will include: species, height, planting type (planted stem and/or volunteer). Monitoring of the restoration efforts will be performed for five years or until success criteria are fulfilled. Restoration Systems shall submit to NCDWR annual monitoring reports for both Project Phases (1 and 2), no later than December 31st of each year. Each report will document the success of the vegetation and any maintenance, supplemental planting, or encroachment within the easement areas. Success criteria within the buffer and nutrient offset restoration areas will be based on the survival of planted species at a density of 260 stems per acre after five years of monitoring. If monitoring for both Phase 1 and Phase 2 begin and end at the same time, RS may submit one monitoring report to represent both Phase 1 and Phase 2. All monitoring reports shall reflect the specific Phase for which it is being submitted. The first annual monitoring activities will commence at the end of the first growing season, at least five months after planting has been completed. 4.2 Parcel Maintenance A remedial action plan will be developed and implemented with the approval of NCDWR in the event the Parcel or a specific component of the Parcel fails to achieve success criteria as outlined above. Other vegetation maintenance and repair activities may include pruning, mulching, and fertilizing. In the event that exotic invasive plant species require treatment, such species will be controlled by mechanical (physical removal with the use of a chainsaw) and/or chemical methods (aquatic approved herbicide) in accordance with North Carolina Department of Agriculture (NCDA) rules and regulations. If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must receive approval by the DWR prior to any mowing activities within Zone 1 and Zone 2 of the Neuse buffers along UT2 to ensure that no buffer violations have been performed. Failure to receive approval to mow within the Tar -Pamlico buffer as defined in 15A NCAC 02B .0258 by the DWR, could result in Tar -Pamlico buffer violations and violations of the conservation easement. If necessary, the Sponsor will develop a species - specific control plan. 4.3 Long Term Management Plan The conservation easement will preserve all areas, and prohibit all use of the property inconsistent with its use as mitigation property, including any activity that would materially alter the biological integrity of the Site/Parcel. RS will transfer or assign the conservation easement and its interests in perpetuity to a qualified holder under NC General Statute ("GS") 121-34 et seq. and 170(h) of the Internal Revenue Code prior to the submittal of the Year 4 Monitoring Report. The holder shall be a land trust or stewardship program that is accredited by the Land Trust Accreditation Commission and/or has been approved by DWR. A land trust must be certified under 501(c)(3) of the Internal Revenue Code. GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC: 03020103 pg. 15 5.0 Financial Assurance As stated in the GUC Riparian Buffer and Nutrient Offset Mitigation Banking Instrument, dated _ to -be sianed RS will secure all financial assurances according to the MBI. RS will secure a performance bond for each phase of the Bank Parcel if applicable. No bond shall be less than $150,000 to cover costs of construction and no less than $100,000 to cover monitoring expenses. Monitoring bonds shall be renewed with confirmation of renewal provided to DWR with each annual monitoring report for each phase. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals. 6.0 Mitigation Potential DWR has determined the nitrogen and phosphorous abatement of restored riparian areas to be 2,273.02 lbs. per acre for nitrogen and 146.4 lbs. per acre for phosphorous as agreed to in the GUC MBI. Riparian buffer credits will be measured by the hundredth of an acre and converted into square feet. Mitigation potential for each Project Phase, is detailed below. The Parcel will generate 86.36 acres of restored riparian area within a 97.09 acre Parcel. The Parcel will preserve 3.205 acres. Tables 11A, 11B, 12A, and 12B, outline the components and mitigation credits to be generated within each Parcel Phase. Tar -Pamlico riparian buffer mitigation credit generated along Features 2, 6B, 7A, 7B, & 8 (all unnamed tributaries) can be used for either riparian buffer credits or nutrient offset credits, but not both. For purposes of this BPDP, RS has chosen to designate the riparian areas from top -of -bank to 100' as Riparian Buffer Credit and areas from 101'-200' as Nutrient Offset Credit. Riparian Buffer Credits can be converted and transferred to Nutrient Offset Credits on this Site. However, conversions of Nutrient Offset Credits from areas 101'-200' to Riparian Buffer Credits will not occur. Nutrient offset credits (nitrogen and phosphorous) generated along the two surface water conveyances (ditches), Features 5 and 6A, are not able to be converted into buffer mitigation credits. RS must request and receive approval of the transfer of any mitigation credits from DWR prior to adding or removing credits from the ledgers. The Sponsor will maintain three credit ledgers per Phase. One ledger will account for riparian buffer credits, one will account for nitrogen nutrient offset credits, and one will account for phosphorous nutrient offset credits. All mitigation credit assets shall be shown on these credit ledgers. Space Purposefully Left Blank GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC: 03020103 pg. 16 6.1 Phase 1 Mitigation Potential Table 11A: PHASE 1- Components and Mitigation Credits Riparian Buffer Credit -'RBC' Nutrient Offset Credit -'NOC' Phase 1 - Credit Determinations Feature Mitigation Credit Percent Riparian Zone Feature Acreage Mit. Ratio Credit Type Type * Type Credit Zone A (0-50') No. 2 Stream RR NA 0.05 NA 0% 0.00 Zone A (0-50') No. 2 Stream Pres. NA 0.03 NA 0% 0.00 Zone B (51-100') No. 2 Stream Pres. NA 0.08 NA 0% 0.00 Zone B (51-100') No. 2 Stream RR NA 0.11 NA 0% 0.00 Zone C (101-200') No. 2 Stream RR NA 0.11 NA 0% 0.00 Zone C (101-200') No. 2 Stream Pres. NA 0.06 NA 0% 0.00 0.42 0.00 Zone A Zone A (20-29') No. 2 Stream RR RBM 0.01 1:1 33% 0.01 Zone A (0-50') No. 2 Stream RR RBM 0.68 1:1 100% 0.68 Zone A (0-50') No. 2 Stream RR RBM 1.06 1:1 100% 1.06 Zone A (0-50') No. 2 Stream RR RBM 1.57 1:1 100% 1.57 Zone A (0-50') No. 7A Stream RR RBM 2.59 1:1 100% 2.59 Zone A (0-50') No. 7A Stream RR RBM 2.61 1:1 100% 2.61 Zone A (0-50') No. 7A Stream RR RBM 0.84 1:1 100% 0.84 Zone A (0-50') No. 7A Stream RR RBM 0.80 1:1 100% 0.80 Zone A (0-50') No. 7B Stream RR RBM 0.94 1:1 100% 0.94 Zone A (0-50') No. 7B Stream RR RBM 0.63 1:1 100% 0.63 Zone A (0-50') No. 8 Stream RR RBM 2.44 1:1 100% 2.44 Zone A (0-50') No. 8 Stream RR RBM 0.38 1:1 100% 0.38 Zone A (0-50') No. 8 Stream RR RBM 0.10 1:1 100% 0.10 14.67 14.67 Zone A (0-50') No. 2 Stream Pres. RBM 0.07 10:1 100% 0.01 Zone A (0-50') No. 2 Stream Pres. RBM 0.33 10:1 100% 0.03 Zone A (0-50') No. 8 Stream Pres. RBM 0.92 10:1 33% 0.03 1.32 0.07 Zone B Zone B (51-100') No. 2 Stream RR RBM 0.64 1:1 100% 0.64 Zone B (51-100') No. 2 Stream RR RBM 1.07 1:1 100% 1.07 Zone B (51-100') No. 2 Stream RR RBM 1.92 1:1 100% 1.92 Zone B (51-100') No. 7A Stream RR RBM 2.62 1:1 100% 2.62 Zone B (51-100') No. 7A Stream RR RBM 2.57 1:1 100% 2.57 Zone B (51-100') No. 7A Stream RR RBM 0.87 1:1 100% 0.87 Zone B (51-100') No. 7A Stream RR RBM 0.77 1:1 100% 0.77 Zone B (51-100') No. 7B Stream RR RBM 0.87 1:1 100% 0.87 Zone B (51-100') No. 7B Stream RR RBM 0.62 1:1 100% 0.62 Zone B (51-100') No. 8 Stream RR RBM 3.55 1:1 100% 3.55 15.51 15.51 Zone B (51-100') No. 2 Stream Pres. RBM 0.07 10:1 100% 0.01 Zone B (51-100') No. 8 Stream Pres. RBM 0.00 10:1 33% 0.00 Zone B (51-100') No. 8 Stream Pres. RBM 0.07 10:1 33% 0.00 0.14 0.01 GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC:03020103 pg. 17 Phase 1 - Credit Determinations Feature Mitigation Credit Percent Riparian Zone Feature Type Type * Type Acreage Mit. Ratio Credit Credit Zone C Zone C (101-200') No. 2 Stream Pres. RBM 0.14 0.14 Zone C (101-200') No. 2 Stream RR NOC 1.15 Zone C (101-200') No. 2 Stream RR NOC 2.14 Zone C (101-200') No. 2 Stream RR NOC 3.72 Zone C (101-200') No. 7A Stream RR NOC 5.11 Zone C (101-200') No. 7A Stream RR NOC 5.28 Zone C (101-200') No. 7A Stream RR NOC 1.82 Zone C (101-200') No. 7A Stream RR NOC 1.46 Zone C (101-200') No. 713 Stream RR NOC 1.50 Zone C (101-200') No. 76 Stream RR NOC 1.21 Zone C (101-200') No. 8 Stream RR NOC 6.54 29.93 Phase 1 Credit Totals Credit Mitigation Type * Total Acreage Sq. Ft. Acres lbs. BMC - Restoration 30.18 1,317,207.65 30.18 NA BMC - Preservation 1.60 3,690.40 0.08 NA NOC 29.93 NA NA 68,040.89 * Pres. = Preservation RR = Riparian Restoration 10 33% 0.00 0.00 1 100% 1.15 1 100% 2.14 1 100% 3.72 1 100% 5.11 1 100% 5.28 1 100% 1.82 1 100% 1.46 1 100% 1.50 1 100% 1.21 1 100% 6.54 29.93 GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC:03020103 pg. 18 6.2 Phase 2 Mitigation Potential Table 1113: PHASE 2 - Components and Mitigation Credits Riparian Buffer Credit -'RBC' Nutrient Offset Credit -'NOC' Phase 2 - Credit Determinations Feature Mitigation Percent Riparian Zone Feature Credit Type Acreage Mit. Ratio Credit Type Type * Credit Zone A (0-50') No. 5 Ditch Pres. NA 0.14 0 0% 0.00 Zone A (0-50') No. 5 Ditch Pres. NA 0.14 0 0% 0.00 0.27 0.00 Zone A Zone A (0-50') No. 6B Stream RR RBM 0.54 1 100% 0.54 Zone A (0-50') No. 6B Stream RR RBM 0.57 1 100% 0.57 Zone A (0-50') No. 7A Stream RR RBM 0.47 1 100% 0.47 Zone A (0-50') No. 7A Stream RR RBM 0.52 1 100% 0.52 2.11 2.11 Zone A (0-50') No. 6A Ditch RR NOC 0.89 1 100% 0.89 Zone A (0-50') No. 6A Ditch RR NOC 0.90 1 100% 0.90 Zone A (0-50') No. 5 Ditch RR NOC 1.26 1 100% 1.26 Zone A (0-50') No. 5 Ditch RR NOC 1.21 1 100% 1.21 Zone A (0-50') No. 6A Ditch RR NOC 0.26 1 100% 0.26 Zone A (0-50') No. 6A Ditch RR NOC 0.28 1 100% 0.28 4.79 4.79 Zone B Zone B (51-100') No. 6B Stream RR RBM 0.54 1 100% 0.54 Zone B (51-100') No. 6B Stream RR RBM 0.51 1 100% 0.51 Zone B (51-100') No. 7A Stream RR RBM 0.40 1 100% 0.40 Zone B (51-100') No. 7A Stream RR RBM 0.54 1 100% 0.54 1.99 1.99 Zone B (51-100') No. 6A Ditch RR NOC 0.88 1 100% 0.88 Zone B (51-100') No. 6A Ditch RR NOC 0.90 1 100% 0.90 Zone B (51-100') No. 5 Ditch RR NOC 1.27 1 100% 1.27 Zone B (51-100') No. 5 Ditch RR NOC 1.27 1 100% 1.27 Zone B (51-100') No. 6A Ditch RR NOC 0.24 1 100% 0.24 Zone B (51-100') No. 6A Ditch RR NOC 0.30 1 100% 0.30 4.87 4.87 Zone C Zone C (101-200') No. 6A Ditch RR NOC 1.74 1 100% 1.74 Zone C (101-200') No. 6A Ditch RR NOC 1.83 1 100% 1.83 Zone C (101-200') No. 5 Ditch RR NOC 1.87 1 100% 1.87 Zone C (101-200') No. 5 Ditch RR NOC 2.25 1 100% 2.25 Zone C (101-200') No. 6A Ditch RR NOC 0.44 1 100% 0.44 Zone C (101-200') No. 6A Ditch RR NOC 0.65 1 100% 0.65 Zone C (101-200') No. 6B Stream RR NOC 1.07 1 100% 1.07 Zone C (101-200') No. 6B Stream RR NOC 0.83 1 100% 0.83 Zone C (101-200') No. 7A Stream RR NOC 0.60 1 100% 0.60 Zone C (101-200') No. 7A Stream RR NOC 1.02 1 100% 1.02 12.30 12.30 GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC:03020103 pg. 19 Phase 2 Credit Totals Total Mitigation Type * Acreage BMC - Restoration 4.10 BMC - Preservation 0.00 NOC 21.96 * Pres. = Preservation RR = Riparian Restoration Credit Sq. Ft. Acres lbs. 178,794.39 4.10 NA 0.00 0.00 NA NA NA 49,921.86 6.3 Phase 1 & Phase 2 Credit Totals GUC Bank Parcel - Credit Totals & Percentages Phase 1 & Phase 2 Credit Totals Total Mitigation Type * Acreage BMC - Restoration 34.27 BMC - Preservation 1.60 Totals 35.87 % of Total BMC From Preservation = 5% NOC 51.90 Credit Sq. Ft. Acres lbs. 1,496,002.04 34.27 NA 3,690.40 0.08 NA 1,499,692.43 34.36 NA NA NA 117,962.75 7.0 References Schafale, M. P. and Weakley, 2012. A Classification of the Natural Communities of North Carolina, Fourth Approximation. USDA, Soil Conservation Service, 1974. Soil Survey of Pitt County, NC. GUC Bank Parcel Development Plan Tar -Pamlico River Basin 8-Digit HUC:03020103 pg. 20 Appendix A: Figures and Photographs Figure 1— Parcel Location / Service Area Figure 2 — USGS Topography Figure 3 — NRCS Soil Survey Figure 4 — Current Conditions Figure 5 — Project Phasing & Easement Labeling Figure 6 — Phase 1 & 2 Restoration Plan Figure 7 A-C — Phase 1 Credit Determination Figure 8 A-B — Phase 2 Credit Determination Figure 9 — Monitoring GUC Bank Parcel Development Plan Appendices Tar -Pamlico River Basin 8-Digit HUC:03020103 PERSON WARREN V�NCE . ,it GRANVILLE ORANGE t In I FRANKLIN HAL I FAX' 1 - 11 NORTHAMPTON I I DURHAM \ NASH EDGE BE WAKEIi, CHATHAM Tar -Pamlico River Ba_si USGS HUC 03020103 WILSON ; II PITT HF 4w,+r rR LEE 'm JOHNSTON", IL GREENE 4i. Fani _ iBill HARNETT ,, Bank Parcel Location WAYNE Pitt County, NC Service Layer Credits: Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., Latitude: 35.6031940 GEBCO, USGS, FAO, NPS, NRCAN, Longitude:-77.2945090 GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (HLENOIR ong Kong), swisstopo, Mapmylndia, OpenStreetMap contributors, and the GIS User Community CUMBERLAND 1 JONES HO Legend Bank Parcel Service Area: Tar -Pam River Basin USGS HUC 8-Digit: 03020103 0 Tar -Pam River Basin USGS HUC 6-Digit: 030201 O NC River Subbasins: USGS 8-Digit HUCs ONSLOW R O NC County Boundaries i i a PENDER GATES CURRITUCK HERTFORD CAMDEN PASQUOTANK PERQUIMANS CHOWAN BERTIE TYRRELL I11 N WASHINGTON EN I BEAUFORT HYDE PAMLIC Directions to Parcel from Raleigh: -[]Get on 1-440 E from Capital Blvd -[]Follow US-264 E to US-264 W (Greenville) 131 -[]Take Old Pactolus Rd 3.2 miles — Parcel is located on your right RESTORATION SYSTEMS, LLC SCALE:1 in = 12 miles 1101 HAYNES ST, SUITE 211 DATE: 06-2019 Figure 1: H, NC 27604 : : 90 SITE PHONE 919.755.94 GUC-00 Parcel Location & Service Area FAX : 919.755.9492 rns map and u d o,d n pp1,d d o w v. R , s sy LLC �: ly dIam po roryr d mag r dry nom v na<may e ne se or a;smap. Ir " ��a d drti r y d a,' d d Id eel= d n 1 th ° °' p ,=ndn e- p op,r s daa,p�epa b,c o=ensw,orvevor,—r—q-,d by ia'.^'. Aerial Imagery: c ESRI 9 rY ) Coordinate System: v NAD 1983 SP NC FIPS 3200 Ft. n' r.,rzt r /t,4� �1! • ti a- " ; St Peter "3X f -� 4 Gh ;� e � oil �10 Q i, `/ Site Feature #1 Ditch (USGS Not Depicted) Mobile H MA4 Park __-)_' J45 / 527 Sewage �'- Disposal rir Site Feature #6A Ditch (USGS Depicted) It New Belden ,f— ': Greenville Gutf Course � 110 ' 1y Site Feature #5 - r- Ditch (USGS Depicted) 4L I!�t 7-2 D.B/Pg. 236 / 573 _ Site Feature #2 Stream - (USGS Depicted) Site Feature #61B Ab Stream . r-+• J $ _ (USGS Depicted) Legend OSubject Fee Simple Parcels tiY x Bank Parcel Features 5 thru 7b Start and Stop Locations • Bank Parcel Features �d Surface Water Conveyance (Ditch) r--� • � Unnamed Tributary (Stream)—� Proposed Conservation Easement: 97.09 Acres Phase 1- 68.02 Acres r r� f� Phase 2- 29.07 Acresit fr 0 2.0 r Site Feature #8 Stream (USGS Not Depicted) 0 f s7 ;x • A _��j dp 1t - r XI I Site Feature #71B D.B/Pg. Stream 250 / 354 (USGS Depicted) ' �, dP toj r +- 1-' dp dp _ _ = Site Feature VA-- -` Stream _y.-J�74._...�,,_ (USGS Depicted) __ �� '�.--_' -4111111 s .. _ _ • .-�Q`- •ate ' �- "ft' _r►r +� 0 2.0 .r _ � :,� _ � �- J� �► _fir... _ ��- — � � -� -sk- n _ — Service Layer Credits: Copyright:© 2013 National Geographic Society, i-cubed It RESTORATION SYSTEMS, LLC SCALE: 1 in = 1,000 feet 1101 HAYNES ST, SUITE 211 DATE: 11-2019 Figure 2: H, NC 27604 : : 90 SITE PHONE 919.755.94 GUC-00 USGS Topo Map (1:24,000) FAX : 919.755.9492 rn,s map — au — ...t—,d w h,, — ­pbd — wpm - --ty. Rest-- Systems, LLC expressly distlaims responsibilityfor—g—,liability from any tlaims tlrat may arise out It he use 11,111, IthI map. It is th—I resP—b,I,tyItn—,—a�xermmelf me —oxmis—Pis ComPa<mlewlm me x�er�xeea�. Th,It" coop d as s.mey d- nor snowy I[ ee sea as sCn. I[ Is me..... resPo���e�oty ro oet I� proper s„mev aaaw�evarea by aoCenseasurveyor, uunerere —dby Ian. Aerial Imagery: c ESRI 9 Y' Coordinates stem: Y NAD_1983_SP_N C_F IPS_3200_Ft. A � — Site Feature #5 Ditch 42 (Not Depicted) S't F t #6A Site Feature #2 I e ea ure T -„- sa rc�r_a r E. Tu a e Stream - Ditch �f Aye `�aF38a (NRCS Soil Survey Depicted) (NRCS Soil Survey Depicted) Lam LaB� orn�` LaB .r r•.- Paf f� fF QcB LaB A i� Qa f La8 Tu Pa �g8 at Site Feature #8 �' 41 Ajz8A Stream Tu`'_ Las f� (NRCS Soil Survey Depicted)P e `r D.B/Pg. v� Trj La8 —may Cf f Ra _ — ` Lary �. J45 / 527 r Cis _ + Ch� / 1: C)GE3 Ch ~ r ciC)CB A;Ei s A14B ALB Pa Lai Tij Pa _ Site Feature #1 WaB a `� r'A8 l3 Ditch s - Tu = ^P ' (NRCS Soil Survey Depicted) {- F� Lab Bs La Cis .", aB ry- a =a a - L ` s Site Feature #7A Site Feature #7B f`- - �_ s`-B _ a Stream Stream eb "� er Landing �- (NRCS Soil Survey Depicted) ( Y Depicted) NRCS Soil Survey De Icted Poet 7ermirlaf Bb — -- Qr_B Site Feature #6B Cl J ,. = B b p C Stream cis `=t � q ��(NRCS Soil Survey Depicted) �� OCA3 C+cB f B bi, Wa B �-,�, v A,gf��CSC R CrA A _ `� C i 7 AIB B b Ain _;- 1Na€3 0B AIR `�+ ; Rh ' Bb �-- -- � 14 f Legend oe . ,� � `�.. wac c�e� j -- - LnA Cry. QSubject Fee Simple Parcels Wao C.I Proposed Conservation Easement: 97.09 Acres Phase 1- 68.02 Acres Alf �r-� R° Phase 2- 29.07 Acres way vvaR c , RESTORATION SYSTEMS, LLC SCALE. 1101 HAYNES ST, SUITE 211 DATE: 11-2019 Figure 3: H, INC27604 G PHONE : 919.755.9490 SITE: UC-00 NRCS Pitt County Soil Survey (1974) FAX 919 755 9492 rns may -a u a a aervr I r vie n on - m po sr�y r n an fvvni aa n R v LL. iv n vaa enn d, rn, p a,Part,wa a n iaIt e a�, —mrnwmvrov,r ­ b, wne—-dbyice. Aerial Imagery: c) ESRI Coordinate System: NAD 1983 SP NC FIPS 3200 Ft. sue_ - •� ' ��. � � ''_.k� = � � _ :.��. _ D.B/Pg. J45 / 527 Site Feature #1 Ditch (not depicted) Irrigation Line & Wellheads Existing Earthen Road Site Feature #2 Stream (USGS Depicted) Legend Subject Fee Simple Parcels O Irrigation Wellhead Irrigation Line Low Voltage Powerline Existing Riparian Forest- 2.10 Acres Bank Parcel Hydrologic Features Surface Water Conveyance Unnamed Tributary III z y5�0 Site Feature #5 PNG Line 42 Ditch Depicted)' N' Existing Earthen Road (USGS �, (Runs Adjacnet to Site Feature #8) Two Existing Culverts Site Feature #8 Stream (USGS Not Depicted) Site Feature #6A Ditch O (USGS Depicted) _ . E6/ 3 250 / 354 Existing Earthen Road O O X O • O O Existing Earthen Road O, __ O O Dilapidated Ag. Building Two Existing Culverts • X Existing Powerline Site Feature #61B Site Feature #71B Stream X Stream (USGS Depicted) De Site Feature #7A (USGS Depicted) ) Stream (USGS Depicted) 120' Powerline Easement PNG Line 24 Existing Utility Easements 120' Powerline Easement Existing 50' Piedmont Natural Gas Easement (Line 42) Future 50' Piedmont Natural Gas Easement (Line 24) X Bank Parcel Features 5 thru 7b Start and Stop Locations Proposed Conservation Easement: 97.09 Acres RESTORATION SYSTEMS, LLC SCALE: 1 in = 625 ft ti 1101 HAYNES ST, SUITE 211 Figure 4: DATE 11-2019 RALEIHONE H, NC 27604 Current Conditions Phase 1- 68.02 Acres PHONE94 SITE GUC-00 919.755.9490 2R-9— mau — ... tamed w h,, are ­p,,d wpm �o wa raw. Rey -- Systems, LLC �pr... 1, Aerial Imagery: Phase 2: 29.07 Acres d�sda�ms respo�s�bmN mr aemages or oabo��y o-om awda�ms mat Ravranse opt ott ne �seorm�s�se otm�s ,rap. iris me=der�po�=�b����otme�=��od� metmed o�th_PI,"Ithtne�=�=-d,Th,,-p Feet ea[ed as surva�dab, nor shovedItbe—d���Cn. It i, me users respons,bmry mobt ��proper s�,mev `�`a �°�epared (c) services. ncon emap.gov Coordinate System: bya°`�5ed��, r' wh�eregoired by lava 0 140 280 560 840 1,120 NAD 1983 SP NC FIPS 3200 Ft. t K ' P 00' Phase 1 �Cd�4r� Easement Area #1 'a ' 8.43 Acres 9 v N v Phase 1 Ea ement Area #2 T: 9 Acres Legend Proposed Conservation Easement Boundaries By Phase 0 Phase 1- 68.02 Acres Phase 2- 29.07 Acres Top of Bank JOB) of Bank Parcel Hydrologic Features Subject Fee Simple Parcels Phase 2 1 Easement Area #6 0 7.89 Acres I o Phase 2 X Easement Area #7 U) v 10.82 Acres C v� 3 EasemeI 10.36 Acr Feature 7 A - Stream RESTORATION SYSTEMS, LLC SCALE: 1 in=500ft 1101 HAYNES ST, SUITE 211 DATE: 11 - 2019 Figure 5: H, NC 276Project Phasing & Easement Labeling PHONE : 919.755.949490 SITE: GUG00 FAX : 919.755.9492 rn,s map aid au dm —,d h,, a s�,ppi, as Is Mh r-ty R,st—t- syss, LLC expressly Aerial Imagery: d�ssia�rrsI-—s,d,oNf,r a w 9esor " ty o-omzny I—sta�m r,s,o «dt M1euseoxm s, fmism p It Is (c) services.nconemap.gov t,e sole rgpor,s�d�ury or t,e _s,r t d t,rm , IF t,e — or, m,s map Is —pa bl Mh t,e users...ds. rn,s map Feet area � s�ru, da<a, r,ox snowd It de us,d as s,sn. It Is me �s,rs x,spor,sbi,ty m obt pxsp,r s,,,y Coordinate System: de prePa by a 1,,,,s,d s�ru ru r,x,q,,xed by law. 0 115 230 460 690 920 NAD 1983 SP NC FIPS 3200 Ft. OLD PACTOLUS Two Existing Culverts To -Be Removed PRESTON (connection between Feature 5 and 6A) 1 _ Side slopes will be graded to match existing slopes , log at approximately a five to one (5:1) slope. Matting, native seed mix, and live stakes will be used to stabilize the stream banks and to avoid erosion, providing long-term stability Existing Earthen Road (adjacent to Feature 8) To -be mechanically removed as necessary within the conservation easement. Likely construction actives include; W11, - Deep ripping 14�- Soil amendment �c. a i ST V. Existing earthen road to remain, & will be located outside of conservation easement, within 60-foot easement break PORT Legend Low Voltage Powerline Existing Riparian Forest- 2.10 Acres ® Reforestation Area- 87.06 Acres CD Proposed Conservation Easement- 97.09 Acres Subject Fee Simple Parcels x. - fi 4 y� ry�4: !i°�4 tom„ y�, ,•'S°4 a.� - ,,t s Sa r4 i s ` -�_- �• 3 :�•� a. SLINNYSIDE rFY \ L � Existing Earthen Road (adjacent to Feature 8) T b h II d Bank Parcel Project Phases Q Phase 1- 68.02 Acres IIPhase2- 29.07 Acres >w o- a mec anlca y remove as necessary _ within the conservation easement. Likely construction actives include; - Deep ripping - Soil amendment 07 Two Existing Culverts To -Be Removed (connection between Feature 7B and 8) Side slopes will be graded to match existing slopes Existing Powerline at approximately a five to one (5:1) slope. Matting, To -be removed completely. native seed mix, and live stakes will be used to stabilize the stream banks and to avoid erosion, Dilapidated Ag. Building providing long-term stability To -be removed completely, and sub -soil amended as necessary. Existing earthen road/culvert will remain, & will be located outside of conservation easement, within a 130-foot easement break RESTORATION SYSTEMS, LLC SCALE: 1 in = 792 ft N 1101 HAYNES ST, SUITE 211 DATE: 11 - 2019 RALEIGH, NC 27604 PHONE: 919.755.9490 SITE: GUC-00 FAX : 919.755.9492 rnIs map and au dam ao —ad a sappuad as , Mh homy. Restoaaon stst�, LLc e:phessiy disclaims rsponsibilirytor damages or llabilrity homanybbi tha[maya atilt M1 e aseormisuse d this map. I[ me sole h�ponslbm�y of me asm to dRerr It me loco on mIs map Is —pa ble w¢n me as a d rnIs coop ea[ed as survey data, not sno Id It be used as sadh. It Is the asxs tespo—bit, to obt In proper sa m tiara �pr va by a uaensea saruevor, where regao-ed by lauu. 0 175 350 Figure 6: Restoration Plan Aerial Imagery: (c) services.nconemap.gov Feet Coordinate System: 700 1,050 1,400 NAD 1983 SP NC FIPS 3200 Ft NOTE ABOUT WIDTHS: Riparian Buffer Mitigation (RBM) Restoration Areas TOB to 20-29' qualifies for 75% RBM credit TOB-100 ft. = Buffer width is contiguous from TOB, is a minimum of 30 ft. from the TOB and maximum of 100 ft. from the TOB, and qualifies for 100% RBM credit. Riparian Buffer Credit 101-200 ft. = Buffer width is contiguous from TOB, is a minimum of 101 ft. from the TOB and a maximum of 200 ft. from the TOB, and qualifies for 33% RBM credit. Nutrient Offset Credit (NOC) Less than 50 ft. - no NOC given in areas with buffer width less than 50 ft. TOB-200 ft. = Buffer width is contiguous from TOB, is a minimum of 50 ft. from the TOB and a maximum of 200 ft. from the TOB, and qualifies for 100% Nutrient Offset Credit. Legend Proposed Conservation Easement: 97.09 Acres OPhase 1: 68.02 Acres oPhase 2: 29.07 Acres • - - Top ofBank to 20- Feet ••---- Top ofBank to 30-Feet - — Top ofBank to 50-Feet - • — Top ofBank to 100-Feet - • • -Top ofBank to 200-Feet Top of Bank (TOB) of Bank Parcel Hydrologic Features PHASE 1 Credit Determination (Buffer Zone, Credit Type) No Credit: Less Than 20-Feet or Non -Contiguous Area Zone A (20-29'), Buffer Restoration Zone A (0-50'), Buffer Restoration Zone B (51-100'), Buffer Restoration Zone A (0-50'), Riparian Buffer Preservation Zone B (51-100'), Riparian Buffer Preservation Zone C (101-200'), Riparian Buffer Preservation Zone C (101-200'), Nutrient Offset 00 Feature 2 - Stream - Feature 2 - Stream •/ /'� —_,_.—.—._.__.___,__,_,__.__.___._._.——•—— ——— _._._._ _._ _ _._ _._ _._ — _._ ♦•�' ems•`♦ .` -♦ NO CREDIT AREA ♦ �. INSERT � ' / (Non -Contiguous Area) ♦ ` NO CREDIT AREA (Non -Contiguous Area) RESTORATION SYSTEMS, LLC 0- SCALE: 1 in = 167 ft 1101 HAYNES ST, SUITE 211 DATE: 11 - 2019 RALEIGH, NC 27604 PHONE: 919.755.9490 SITE: GUC-00 FAX : 919.755.9492 rn�s map — au aa<a .o yea w¢nm a s„ppnea wpm distlaims responsibiliryfor ilrdamages or liabiry from any tlaims tl�at may me sole �espo�smmry of me �se� m a�xermme �f me m,s map �s aaaea<ea as s�rvevsnowy If be sea as seen. if �s me wreparea by a ueensea s.ruevor, where regwrea by iaN. �a�N. Resfaa<�o�, LLc av�essy apse out of[M1e use or misuse of this map. It is —pa mie wpm me users �eea mIs map �sel's �esvo�sm�oN tooef �� prover �.,Ney NO CREDIT AREA (Non -Contiguous Area) = Figure 7A: Phase 1 (Easement Areas 1 & 2) Credit Determination Aerial Imagery: (c) services.nconemap.gov Feet Coordinate System: 0 37.5 75 150 225 300 NAD_1983_S P_N C_FIPS_3200_Ft. / / : �•/ Legend //;" • // Proposed Conservation Easement: 97.09 Acres PHASE 1 Credit Determination :• : / O Phase 1: 68.02 Acres (Buffer Zone, Credit Type) / /:• �� / / O Phase 2: 29.07 Acres No Credit: Less Than 20-Feet or Non -Contiguous Area Top of Bank to 30-Feet Zone A (20-29'), Buffer Restoration Top of Bank to 50-Feet Zone A (0-50'), Buffer Restoration / •: ;• / - • — Top of Bank to 100-Feet Zone B (51-100'), Buffer Restoration / / :• ;•/ - - Top of Bank to 200-Feet Zone A (0-50'), Riparian Buffer Preservation i /:•• k '•/ Top of Bank JOB) of Bank Parcel Hydrologic Features Zone B (51-100'), Riparian Buffer Preservation / / ;: ;• / / Zone C (101-200'), Riparian Buffer Preservation Zone C (101-200'), Nutrient Offset co ••/ —. — - —• ._._•_-----_-- •—-—-— - —• — -— — - —• —•—•—•—•—•—•—•—•—•—•—•— • / — • — — ................... .. .. .. - -. •- - ......... ................. .k — — — ' — • _ Feature 7A- Stream �Feature 7q Stye. - --. — __ — • — — _ _ �1=, ._. _.._.._.._ _••_--_-•_ •_- _ ._. _.._.._--_-•_ •_- _••_- _--_ _--_-•_--_.._. _ ._.._--_.._-_--_.._- _-•_•-_--_ an, •—•_•_._.—•—•—•—•—•—•—•—•—•—•—• •—•—•—•—•—•_•_•_•_•_•_• NOTE ABOUT WIDTHS: Riparian Buffer Mitigation (RBM) Restoration Areas TOB to 20-29' qualifies for 75% RBM credit TOB-100 ft. = Buffer width is contiguous from TOB, is a minimum of 30 ft. from the TOB and maximum of 100 ft. from the TOB, and qualifies for 100% RBM credit. Riparian Buffer Credit 101-200 ft. = Buffer width is contiguous from TOB, is a minimum of 101 ft. from the TOB and a maximum of 200 ft. from the TOB, and qualifies for 33% RBM credit. Nutrient Offset Credit (NOC) Less than 50 ft. - no NOC given in areas with buffer width less than 50 ft. TOB-200 ft. = Buffer width is contiguous from TOB, is a minimum of 50 ft. from the TOB and a maximum of 200 ft. from the TOB, and qualifies for 100% Nutrient Offset Credit. RESTORATION SYSTEMS, LLC SCALE: 1 in = 208 ft N Figure 6B: 1101 HAYNES ST, SUITE 211 DATE: 11 - 2019 Phase 1 (Easement Area 3) RALEIGH, NC 27604 PHONE: 919.755.9490 SITE: GUC-00 Credit Determination FAX : 919.755.9492 Aerial Imagery: 9 ry rn�s m aid au da�a �o red uNm�� a ued as w¢n Resm,��o� s ��c essi r ap ��a� ,e �wv �� o wa,a�w sy��em v, v d�s�ia�ms r,om a� �ia�msm�m ��e� ne use o, m�s�se or m�s ma i��s P v e v v �—p P (c) services.nconemap.gov me sole ��po�s�dm�y or me �s� m d�x�mme �r me da<a o� m�s map �� comvm�die wpm me �s�s �eevs. rn�s map Feet ,e ed � s�rvev da<a, �o� sho Id It de �sw � s,m. It Is me ���� �wo��m�nw mods a�� prop,r s N aaaw�wa braI sd,0Nev°r'—re�q-,dby ��" Coordinate System: 0 45 90 180 270 360 NAD 1983 SP NC FIPS 3200 Ft. "d Legend Proposed Conservation Easement: 97.09 Acres OPhase 1: 68.02 Acres ® Phase 2: 29.07 Acres Top of Bank to 30-Feet Top of Bank to 50-Feet Top of Bank to 100-Feet Top of Bank to 200-Feet Top of Bank JOB) of Bank Parcel Hydrologic Features I I; 1� 1 1• 1 � 1 .—.—.—._.—.—.—.—.—.—,—.—. _ r I ........ .................................................... - Feature 7A- Stream k ,,,` ♦ \ ` `�. �-♦ cod •� ♦ ♦ ` `�';.` ` •—._._..._._ r• ♦. �'•, Feature 8 —Stream PHASE 1 Credit Determination (Buffer Zone, Credit Type) No Credit: Less Than 20-Feet or Non -Contiguous Area Zone A (20-29'), Buffer Restoration Zone A (0-50'), Buffer Restoration Zone B (51-100'), Buffer Restoration Zone A (0-50'), Riparian Buffer Preservation Zone B (51-100'), Riparian Buffer Preservation Zone C (101-200'), Riparian Buffer Preservation Zone C (101-200'), Nutrient Offset NOTE ABOUT WIDTHS: Riparian Buffer Mitigation (RBM) Restoration Areas TOB to 20-29' qualifies for 75% RBM credit TOB-100 ft. = Buffer width is contiguous from TOB, is a minimum of 30 ft. from the TOB and maximum of 100 ft. from the TOB, and qualifies for 100% RBM credit. Riparian Buffer Credit 101-200 ft. = Buffer width is contiguous from TOB, is a minimum of 101 ft. from the TOB and a maximum of 200 ft. from the TOB, and qualifies for 33% RBM credit. Nutrient Offset Credit (NOC) Less than 50 ft. - no NOC given in areas with buffer width less than 50 ft. TOB-200 ft. = Buffer width is contiguous from TOB, is a minimum of 50 ft. from the TOB and a maximum of 200 ft. from the TOB, and qualifies for 100% Nutrient Offset Credit. NOTE ABOUT WIDTHS: Riparian Buffer Mitigation (RBM) Restoration Areas TOB to 20-29' qualifies for 75% RBM credit TOB-100 ft. = Buffer width is contiguous from TOB, is a minimum of 30 ft. from the TOB and maximum of 100 ft. from the TOB, and qualifies for 100% RBM credit. Riparian Buffer Credit 101-200 ft. = Buffer width is contiguous from TOB, is a minimum of 101 ft. from the TOB and a maximum of 200 ft. from the TOB, and qualifies for 33% RBM credit. Nutrient Offset Credit (NOC) Less than 50 ft. - no NOC given in areas with buffer width less than 50 ft. TOB-200 ft. = Buffer width is contiguous from TOB, is a minimum of 50 ft. from the TOB and a maximum of 200 ft. from the TOB, and qualifies for 100% Nutrient Offset Credit. S NO CREDIT AREA Less than 50' on Ditch K .' -0 ..- .10 ' oo-. - ;. 00 oo -;--lo, �. 00 00 00oo . 00 �. {100,'�- a I • I I I �. 1 NO CREDIT AREA (Existing Forest adjacent to a ditcht) o I Both sides of ditch I (.0 I I I a� M3 I I I 1 I 1 LL I 1 I I ! 1 I I I I 1 _ I I . 1 I I I I I I I I I I 1 I I I I I � 1 I I I I 1 r/ NO CREDIT AREA (Existing Forest adjacent to a ditcht) Both sides of ditch PHASE 2 Credit Determination (Buffer Zone, Credit Type) Zone A (0-50'), No Credit: Existing Forest or <50' on a Ditch Zone A (0-50'), Buffer Restoration Zone B (51-100'), Buffer Restoration Zone A (0-50'), Nutrient Offset Zone B (51-100'), Nutrient Offset Zone C (101-200'), Nutrient Offset Top of Bank JOB) of Bank Parcel Hydrologic Features RESTORATION SYSTEMS, LLC SCALE. 1 in = 167 ft Figure 8A: 1101 HAYNES ST, SUITE 211 DATE. 11 - 2019 RALEIGH, NC 27604 Phase 2 (Easement Area 5 & 6) PHONE. 919.755.9490 SITE. GUC-00 I Credit Determination FAX . 919 755 9492 rndsesiammsy re u a a vvi a n iy �Rwo�sbiri mac T ry g brvr g r brry I— y n r n r n bi bn ed rn a mesaeaa- yd- n m b a "enr n "�m grov,r ,rvey bya1eo5ed s ­r' —reregored by l- e Aerial Imagery. (c) services.n conemap.gov Feet Coordinate System: 0 37.5 75 150 225 300 NAD 1983 SP NC FIPS 3200 Ft. I r I I I I I I I I r I I I r I I I I I NOTE ABOUT WIDTHS: Riparian Buffer Mitigation (RBM) Restoration Areas TOB to 20-29' qualifies for 75% RBM credit TOB-100 ft. = Buffer width is contiguous from TOB, is a minimum of 30 ft. from the TOB and maximum of 100 ft. from the TOB, and qualifies for 100% RBM credit. Riparian Buffer Credit 101-200 ft. = Buffer width is contiguous from TOB, is a minimum of 101 ft. from the TOB and a maximum of 200 ft. from the TOB, and qualifies for 33% RBM credit. Nutrient Offset Credit (NOC) Less than 50 ft. - no NOC given in areas with buffer width less than 50 ft. TOB-200 ft. = Buffer width is contiguous from TOB, is a minimum of 50 ft. from the TOB and a maximum of 200 ft. from the TOB, and qualifies for 100% Nutrient Offset Credit. _ — — — Proposed Conservation Easement: 97.09 Acres - ---- ure 7A- Stream - - .. -- _ O Phase 1. 68.02 Acres ` ` X Feat - -- _ -_ Phase 2: 29.07 Acres �. �- _ _ — — — _ •••--- Top of Bank to 30-Feet Top of Bank to 50-Feet • — Top of Bank to 100-Feet - - Top of Bank to 200-Feet Top of Bank JOB) of Bank Parcel Hydrologic Features RESTORATION SYSTEMS, LLC SCALE: 1 in = 167 ft 1101 HAYNES ST, SUITE 211 DATE: 11 - 2019 RALEIGH, NC 27604 PHONE: 919.755.9490 SITE: GUC-00 FAX : 919.755.9492 rn,s rvap aid au daa e��ed w�m�� a suppued as �e wpm �e�N. 111oa111 synervs, Lc �:p�essiy d�—l—-w—b,1,bf,-d ae�ornaemt' I, aw da�rvs ma<PaP a� rortne use o�rv�suse d m,s rvap. iris me sae �esp—,s ,ty or me user m de<e�me If me daa o� m,s rvap �s ePPPaobie Mh me user's.eeds. rn,s map daP-ated a curve/ data, nor shoved I[ be used a, such. I[ Is the users rsponsibillry to obt In proper survey m ePared by a licensedsurvey,,, wh erere -dby law. 0 37.5 75 1 PHASE 2 Credit Determination (Buffer Zone, Credit Type) Zone A (0-50'), No Credit: Existing Forest Zone A (0-50'), Buffer Restoration Zone B (51-100'), Buffer Restoration Zone A (0-50'), Nutrient Offset Zone B (51-100'), Nutrient Offset Zone C (101-200'), Nutrient Offset Figure 8B: Phase 2 (Easement Area 7) Credit Determination Aerial Imagery: (c) services.nconemap.gov Feet Coordinate System: 150 225 300 NAD 1983 SP NC FIPS 3200 Ft - I■ 'I v I m N ;I I •I r :I ' I ;I �I �I 1 .f� Legend Bank Parcel Project Phases 0 Phase 1 Phase 2 Phase 1 Monitoring Plots - 61 Total Phase 2 Monitoring Plots - 26 Total Top of Bank (TOB) of Bank Parcel Hydrologic Features Subject Fee Simple Parcels r y r '■ .01 ❑ ;'•' Fe ■ / I I� f;(D ' I i I:E li ®I ID I:D:I I I RESTORATION SYSTEMS, LLC SCALE: 1 in = 500 ft N Figure 9: - 1101 HAYNES ST, SUITE 211 DATE: 11 - 2019 RAL9.276 Monitoring Plan 94 90 SITE: PHONE 91: 919.755.94 GUC-00 FAX : 919.755.9492 Aerial Imagery: aid u a a n pp, a n u R sY ��c exp,e��iv d�iamsr,po bryr a g rery , v n w n ofth, p.¢s (c) services.nconemap.gov goo b,ry , b d d b P p b„ b d=1b, Feet Pe,d vd n id b �.,d da, ,.¢�n ,,,—p—,itinoel �pr,p,r� pdby I cased—... wh —re Tedby lmv. Coordinate System : 0 112.5 225 450 675 900 NAD_1983_SP_NC_FIPS_3200_Ft. Appendix B: NCDWR Correspondence GUC Bank Parcel Development Plan Appendices Tar -Pamlico River Basin 8-Digit HUC: 03020103 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality May 29, 2019 Raymond Holz Restoration Systems, LLC 1101 Haynes St., Suite 211 Raleigh, NC 27607 (via electronic mail: rholz(na-)restorationsystems.com ) DWR Project #: 2017-1122v2 Re: Site Viability for Buffer Mitigation & Nutrient Offset — GUC/City of Greenville Site Re-evaluation of Feature 5 from letter dated March 25, 2019 Tar -Pamlico River Basin — 03020103 HUC Located near Aqua Lane & Sunnyside Rd, Greenville, NC Pitt County Dear Mr. Holz, On March 25, 2019, a Site Viability for buffer mitigation and nutrient offset was issued to Restoration Systems, LLC (RS) by the Division of Water Resources (DWR) for the GUC/City of Greenville Site. On May 14, 2019, you submitted a request to Katie Merritt with DWR to re-evaluate the hydrologic connection of Feature 5 to Feature 6A. Supporting information was provided to Ms. Merritt on May 9, 2019, which included site photos and a video. This information confirms there is a hydrologic connection between Feature 5 and Feature 6A and is therefore viable for riparian restoration. This mitigation determination replaces only the mitigation determination made for Feature 5 in the letter dated March 25, 2019. All other mitigation determinations made on March 25, 2019 remain the same. This evaluation was made from Top of Bank (TOB) and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 'Subject Riparian Land uses adjacent to Buffer ZNutrient Offset Viable 'Mitigation Type Determination w/in riparian ID in the field to Feature Credit areas Viable at 2,273.02 Buffer (TOB-200') Re-evaluation Rule lbs/acre 5 Ditch No Mostly maintained grass used No Yes Forested Fringe — No Credit >3' depth historically as land application of (See Note) biosolids & agriculture; parts of the Fields - Restoration site per 15A NCAC 02B ditch have a narrow & forested .0295 (n) fringe Farm path crossing labeled "X" on Note: This feature may be impacted by the PNG maps attached is within existing Line 42 maintenance easement & the proposed PNG Easement for Line 42 & has a PNG line 24. Therefore, it cannot be used as a compromised culvert that needs to Restoration Site until compromised culverts are be replaced. Banks are unstable and replaced, PNG Line 24 has been constructed & no will require stabilization efforts. longer needs their construction easement and all overhead utility lines are removed. I d I 'Subjectivity calls for the features were determined by DWR in correspondence dated November 22, 2017 using the 1.24,000 sca a qua rang e topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS. z NC Division of Water Resources - Methodology and Calculations for determining Nitrogen Reductions associated with Riparian Buffer Establishment. Phosphorus may be calculated separately. A meeting held between DWR personnel on October 17, 2017 resulted in approval to use this method on the subject property. 'Evidence of gas lines and above ground utilities were observed on and around the subject property. Information from RS was provided January 22, 2019 showing all locations of existing and proposed utilities and their associated temporary & permanent easements. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 GUC/City of Greenville Site Restoration Systems, LLC May 29, 2019 Maps for reference are attached to this letter and were initialed by Ms. Merritt on December 20, 2017, March 12, 2019 and May 29, 2019. This letter should be provided in all stream and wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate nutrient offsets or buffer mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. Any site constraints found on the property must be presented to DWR for a full evaluation and final mitigation determination. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. A Mitigation Banking Instrument approved by the DWR will be required for this site to be eligible to use as a mitigation bank. This viability assessment will expire on March 25, 2021 or upon the submittal of an As -Built Report to the DWR, whichever comes first. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, r451-1 IL. Karen Higgins, Supervisor 401 and Buffer Permitting Branch KAH/k n Attachments: Figure 1 (Existing Site Conditions), GUC WWTP Property Boundary, Topographic Map w/ Stream Determination, Piedmont Natural Gas Line 24 Project PCN Exhibit cc: DWR File Copy (Katie Merritt) Jason Manning, GUC (via email: manninmj(& uc.com ) Nathanial Thornburg DWR Central Office (via email: nathaniel.thornburg(a)ncdenr.gov ) WaRO DWR Regional Office — David May/Robert Tankard/Anthony Scarborough Page 212 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director ON jIMlt q. R s 4&,� NORTH CAROUNA Environmental Quality March 25, 2019 Raymond Holz DWR Project #: 2017-1122v2 Restoration Systems, LLC 1101 Haynes St., Suite 211 Raleigh, NC 27607 (via electronic mail: rho lz(a)restorationsystems.com } Re: Site Viability for Buffer Mitigation & Nutrient Offset — GUC/City of Greenville Site Tar -Pamlico River Basin — 03020103 HUC Located near Aqua Lane & Sunnyside Rd, Greenville, NC Pitt County Dear Mr. Holz, On September 1, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request from Greene Environmental Services, LLC (GES) for a site visit near the above -referenced site in the Tar -Pamlico River Basin. The request was for DWR to determine the potential for riparian buffer mitigation and nutrient offset on adjoining lands currently owned by the City of Greenville near the Wastewater Treatment Plant (WWTP). On November 14, 2017, Ms. Merritt performed an onsite assessment of the subject site and identified the following site constraints in correspondence to Jeff Becker with GES on January 16, 2018: • UTILITIES: Natural gas lines and other utility lines are present throughout the property both underground and above ground. Their specific locations and associated easements were unknown at time of site visit. • PERMITS: State, Federal and/or Local permits may be associated with this property. Wetland delineation flagging was observed onsite and gas lines were seen crossing wetlands. No knowledge of permits obtained for impacts associated with streams, wetlands or buffers was provided to Ms. Merritt onsite to confirm compliance with regulations. • EXISTING PATHS & ROADS: The City of Greenville owns this property and has used the land for applying their biosolids associated with the WWTP. Existing dirt paths and deeded access roads are present and are adjacent to ditches and streams onsite where mitigation would be proposed. Due to the magnitude of site constraints noted above, Ms. Merritt was unable to complete a viability assessment review of the site for GES. On January 22, 2019, Ms. Merritt received another site viability request for the subject site, but from Restoration Systems, LLC (RS). The request from RS included a landowner authorization form authorizing RS to act on behalf of the City of Greenville for a viability assessment on their property, which is more accurately shown on the attached map labeled, "Figure 1. Existing Site Conditions". RS also provided information regarding all the utilities, permits and deeded access easements associated with the subject site. On March 13, 2019, D Q:7,� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 tLf 919.707.9000 GUC/City of Greenville Site Restoration Systems, LLC March 25, 2019 RS provided site photos showing existing conditions of the riparian areas adjacent to each feature onsite. When comparing these photos to notes taken during Ms. Merritt's original site visit in 2017, no land use changes appear to have occurred. With all the information provided by RS, Ms. Merritt was able to complete the viability assessment for the subject site. Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 'Sub ect Riparian Land uses Buffer INutrient 'Mitigation Type Determination Win ID in the field to ad[acent to Feature Credit Offset Viable riparian areas Buffer fTOB-200') �� Viable at 2,273.02 Rule lbs/acre I Ditch No N/A No No NIA (WWTP effluent channel) 2 Stream Yes Maintained grass most 'Yes Yes (non- Forested fringe — Preservation Site per 15A recently used as land forested areas NCAC 02B .0295 (o)(5) application of biosolids, only) used historically for Fields = Restoration site per 15A NCAC 02B agriculture, narrow .0295 (n) forested fringe upstream (5-10' wide); 50' PNG All areas within existing easements (PNG & #42 gas line crossing; Utilities) must be excluded from the 120' overhead utility Restoration and Preservation Site line downstream 3 & 4 not evaluated NIA NIA NIA NIA Out of project boundary (see map) 5 Ditch/ No Maintained grass used No No Gas line crossing is not culverted; feature is wetland historically as land not hydrologically connected to downstream application of biosolids ditch 6A & agriculture 6A Ditch No Maintained grass used No Yes Restoration site per 15A NCAC 02B .0295 South of >3' depth historically as land (n) gas line application of biosolids berm & agriculture; farm Cannot be used as a Restoration Site until path, overhead utility after PNG has constructed the pipeline and no line, and a temporary longer needs their construction easement and construction easement the overhead utility line is removed. Utility for PNO #24 gas line lines & farm path are proposed to be removed. 613 Stream Yes 'Yes Yes (non- Forested Areas — Preservation Site per 1 SA At DWR Maintained grass used forested areas NCAC 02B ,0295 (o)(5) ' I , Flag historically as land only) (see map) application of biosolids Fields - Restoration site per 15A NCAC 02B & agriculture; farm .0295 (n) path, overhead utility line, and a temporary Cannot be used as a Restoration or construction easement Preservation Site until after PNG has for PNG 424 gas line; constructed the pipeline and no longer needs partially forested near their construction easement and the overhead confluence w/ 7A utility line is removed. Utility lines & farm path are proposed to be removed. Page 214 GUC/City of Greenville Site Restoration Systems, LLC March 25, 2019 Feature Classification 'Subject Riparian Land uses Buffer 2 Nutrient 4Miti ation Type Determination ►%/in ID in the field to adiaeent to Feature Credit Offset Viable riparian areas Buffer (TOB-200') Viable at 2,273.02 Rule Ibs/acre 7A Stream Yes maintained grass used 'Yes Yes (non- Forested fringe — Preservation Site per 15A At DWR historically as land forested areas NCAC 02B .0295 (o)(5) "P" flag application of biosolids only) (see map) & agriculture; forested Fields - Restoration site per 15A NCAC 02B fringe from 5-15' from .0295 (n) TOB; temporary construction easement Cannot be used as a Restoration or for PNG #24 gas line Preservation Site until after PNG has constructed the pipeline and no longer needs their construction easement. Utility lines c& farm path are proposed to be removed. 7B Stream Yes Combination of mature j 'Yes Yes (non- Forested Areas — Preservation Site per 15A (see map) natural forest and forested areas NCAC 02B .0295 (o)(5) maintained grass used only) historically as land Fields - Restoration site per I SA NCAC 02B application of biosolids .0295 (n) & agriculture 8 Stream Yes Combination of mature 3Yes Yes field Forested Areas — Preservation Site per 15A natural forest and only) NCAC 02B .0295 (o)(5) maintained grass most recently used as land Fields = Restoration site per 15A NCAC 02B application of biosolids, .0295 (n) used historically for agriculture Aaublectivity calls for the teatures were determined by DWR in correspondence dated November 22, 2017 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS. 2 NC Division of Water Resources - Methodology and Calculations for determining Nitrogen Reductions associated with Riparian Buffer Establishment. Phosphorus may be calculated separately. A meeting held between DWR personnel on October 17, 2017 resulted in approval to use this method on the subject property. 3The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC .0295 (o)(5) and 15A NCAC .0295 (o)(4). Site cannot be a Preservation only site to comply with this rule. °Evidence of gas lines and above ground utilities were observed on and around the subject property. Information from RS was provided January 22, 2019 showing all locations of existing and proposed utilities and their associated temporary & permanent easements. Maps for reference are attached to this letter and were initialed by Ms. Merritt on December 20, 2017 and March 12, 2019. This letter should be provided in all stream and Wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate nutrient offsets or mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. P a g c 314 GUC/City of Greenville Site Restoration Systems, LLC March 25, 2019 All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. Any site constraints found on the property must be presented to DWR for a full evaluation and final mitigation determination. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. A Mitigation Banking Instrument approved by the DWR will be required for this site to be eligible to use as a mitigation bank. This viability assessment will expire on March 13, 2021 or upon the submittal of an As -Built Report to the DWR, whichever comes first. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch KAH/km Attachments: Figure 1 (Existing Site Conditions), GUC WWTP Property Boundary, Topographic Map w/ Stream Determination, Piedmont Natural Gas Line 24 Project PCN Exhibit cc: DWR File Copy (Katie Merritt) Jason Manning, GUC (via email: manninmjnguc.com ) Nathanial Thornburg DWR Central Office (via email: nathaniel.thornburgAncdenngov ) WaRO DWR Regional Office — David May/Robert Tankard/Anthony Scarborough Page 414 PNG Line 42 Ab3 o Surface D.B1Pg. Conveyance #2 -` Existing pant to emoved completely -- - - - _ D.BlP _ D.8lP . 236 1573 � � - 250 ! 354 Surface Conveyance #1 Existing path & crossing - to remain (60 foot easement break \ Existing road to -be Outbuilding to -be - - relocated outside of the remaved completely Existing path & crossing easement area _ to remain (60 foot easement break Existing powerline to -be removed completely Unnamed Unnamed Tributary #2 Tributary #1 120' Powerline Easem t Legend QSubject Parcels Working Proposed Easement: +1- 100 Acres Site Features Surface Water Conveyance #1; Surface Water Conveyance #2 Unnamed Tributary #1; Unnamed Tributary #2: Unnamed Tributary #3 Powerline Existing Utility Easements 120' Powedine Easement Existing 50' Piedmont Natural Gas Easement (Line 42) Future 50' Piedmont Natural Gas Easement (Line 24) PNG Line 24 - RESTORATION SYSTEMS. LLseta C e. a 11o1MArNEs sT sulTE zii onTe: oiryso ersn a Figure 1: rueu:lc9+9ac z�Te� ��EE :A sore: uucm I Existing Site Conditions FM: 919.155]i9Y - wow - me9 E$RI a 1P e 'N-✓ Googic cart . [ :r: :CA g.= •`v. r.: 4-'W U V - U UW4 UAW UL -dip- -ab- 2A .dpw AD- -db.— -don- -OIP- qjl� Management Commission DMWM d YYeter Resources Fbr,-T—AL - pate dv ,adn EuW Reviewed by-j'64-3- X rl - 11 >Le3 X-A,QM J J. L " LO J-de. Impacti183 PFO Temparary Impact 0.17111; AC Impact182 5607586918 PFO Conversion Impact i 1.58 AG Impact 181 1 PFO Temporary Impact 4 � 0046 AC a� Impact 176 —� PFO Temporary Impact 0.010 AC Impact 172 PEM Temporary 0.022 C tlmpact Impact 177 Impact 175 Modified Stream PEM Temporary. Impact Impact 174 Temporary Impact 0.02.T.0 Modified Stream 606 LF npact$173 Temporary impact 56078?2 , li- 9.5 P ' 178 Impact 179 Modified Stream Modified Stream Temporary Impact Temporary Impact 12 LF 343 LF Project Area PFO Habitat Intermittent Stream �J Parcels . PFO Temporary Impact Intermittent Temporary Impact PFO Conversion impacts Q Access Road P REM Habitat a Milepost PSS Habitat PEM Temporary Impact Roads PSS Temporary Impact Modified Stream Topography JCI=2 tt) PSS Conversion Impacts Modified Stream Temporary Impact Temporary Work Space Perennial Stream PUS Proposed Maintained Easement Perennial Temporary Impact PUB Temporary impact Dramby Environmental Consulting qF2707 West Cary Street, Suite 4 Richmond, Virginia 23220 'q%hb351 McLaws Circle Suite 3 Williamsburg, Virginia 23185 AR-10-12 Piedmont Natural Gas Line 24 Project Pitt County, North Carolina PRE -CONSTRUCTION NOTIFICATION EXHIBITS t AR-13 i �,f I i / I r r !yl Impact 180- PEM Temporary Impact i a 0.006 AC N ! 5608702453 5L 4 56AA� SI 56067at4 } I. i NOMENSEEZZZ= Feet 0 150 300 SHEET 40 OF 41 Nationwide Permit Exhibits November 27, 2018 Appendix C: NRCS Web Soil Survey Report GUC Bank Parcel Development Plan Appendices Tar -Pamlico River Basin 8-Digit HUC: 03020103 USDA United States Department of Agriculture N RCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Pitt County, North Carolina GUC June 28, 2019 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nres.usda.gov/wps/ portal/nres/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https:Hoffices.sc.egov.usda.gov/locator/app?agency=nres) or your NRCS State Soil Scientist (http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/? cid=nres142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. Contents Preface.................................................................................................................... 2 How Soil Surveys Are Made..................................................................................5 SoilMap.................................................................................................................. 8 SoilMap................................................................................................................9 Legend................................................................................................................10 MapUnit Legend................................................................................................ 11 MapUnit Descriptions.........................................................................................11 Pitt County, North Carolina............................................................................. 13 AgB—Alaga loamy sand, banded substratum, 0 to 6 percent slopes (Alpin)....................................................................................................13 AIB—Altavista sandy loam, 0 to 4 percent slopes.......................................14 Bb—Bibb complex.......................................................................................15 LaB—Lakeland sand, 0 to 6 percent slopes................................................16 Oe—Olustee loamy sand, sandy subsoil variant(Murville).........................17 Os —Osier loamy sand, loamy substratum (Plummer)................................19 Pa—Pactolus loamy sand........................................................................... 20 Po —Portsmouth loam................................................................................. 21 Tu—Tuckerman fine sandy loam(Yonges)................................................. 23 WaB—Wagram loamy sand, 0 to 6 percent slopes.....................................25 References............................................................................................................ 27 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil -vegetation -landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil Custom Soil Resource Report scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil -landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil -landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field -observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and Custom Soil Resource Report identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. Custom Soil Resource Report Soil Map 291100 291300 291500 291700 291900 292100 292300 292500 292700 292900 293100 293300 293500 35° 36' 42" N 8 8 r N N N 8 N 8 35° 35' 46" N 291100 291300 291500 291700 291900 292100 292300 Map Scale: 1:12,100 if printed on A landscape (11" x 8.5") sheet. Meters N 0 150 300 600 900 A Feet 0 500 1000 2000 ?000 Map projection: Web Mercator Gomer000rdinates: WGS84 Edge tics: UTM Zone 18N WGS84 9 292500 292700 292900 293100 293300 293500 293700 35° 36' 42" N 8 8 r N N N 8 N 8 35° 35' 46" N 293700 MAP LEGEND Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Iwo Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill A. Lava Flow .& Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip oa Sodic Spot Custom Soil Resource Report MAP INFORMATION Spoil Area The soil surveys that comprise your AOI were mapped at 1:15,800. Stony Spot Very Stony Spot Please rely on the bar scale on each map sheet for map measurements. Wet Spot 4� Other Source of Map: Natural Resources Conservation Service Web Soil Survey URL: �- Special Line Features Coordinate System: Web Mercator (EPSG:3857) Water Features Streams and Canals Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts Transportation distance and area. A projection that preserves area, such as the --+-* Rails Albers equal-area conic projection, should be used if more ..,0 Interstate Highways accurate calculations of distance or area are required. US Routes This product is generated from the USDA-NRCS certified data as Major Roads of the version date(s) listed below. Local Roads Soil Survey Area: Pitt County, North Carolina Background Survey Area Data: Version 15, Sep 10, 2018 Aerial Photography Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Apr 20, 2015—May 15, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. 10 Custom Soil Resource Report Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI AgB Alaga loamy sand, banded substratum, 0 to 6 percent slopes (Alpin) 10.2 10.5% AIB Altavista sandy loam, 0 to 4 percent slopes 1.4 1.5% Bb Bibb complex 0.6 0.6% LaB Lakeland sand, 0 to 6 percent slopes 22.0 22.6% Oe Olustee loamy sand, sandy subsoil variant (Murville) 5.5 5.7% Os Osier loamy sand, loamy substratum (Plummer) 32.5 33.4% Pa Pactolus loamy sand 7.1 7.3% Po Portsmouth loam 2.8 2.9% Tu Tuckerman fine sandy loam (Yonges) 7.4 7.6% WaB Wagram loamy sand, 0 to 6 percent slopes 7.6 7.8% Totals for Area of Interest 97.2 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They 11 Custom Soil Resource Report generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into Iandforms or Iandform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha -Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 12 Custom Soil Resource Report Pitt County, North Carolina AgB—Alaga loamy sand, banded substratum, 0 to 6 percent slopes (Alpin) Map Unit Setting National map unit symbol: 3tyc Elevation: 20 to 160 feet Mean annual precipitation: 40 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost -free period: 200 to 280 days Farmland classification: Not prime farmland Map Unit Composition Alpin and similar soils: 85 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Alpin Setting Landform: Ridges on marine terraces Landform position (two-dimensional): Shoulder, summit Landform position (three-dimensional): Crest Down -slope shape: Convex Across -slope shape: Convex Parent material: Eolian sands and/or sandy fluviomarine deposits Typical profile A - 0 to 7 inches: fine sand E - 7 to 38 inches: fine sand E/Bt - 38 to 72 inches: fine sand C - 72 to 80 inches: sand Properties and qualities Slope: 0 to 6 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Excessively drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 5.95 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Rare Frequency of ponding: None Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Low (about 4.2 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 4s Hydrologic Soil Group: A Hydric soil rating: No 13 Custom Soil Resource Report AIB—Altavista sandy loam, 0 to 4 percent slopes Map Unit Setting National map unit symbol: 3tyd Elevation: 20 to 160 feet Mean annual precipitation: 40 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost -free period: 200 to 280 days Farmland classification: All areas are prime farmland Map Unit Composition Altavista and similar soils: 90 percent Minor components: 4 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Altavista Setting Landform: Stream terraces Down -slope shape: Concave Across -slope shape: Linear Parent material: Old loamy alluvium derived from igneous and metamorphic rock Typical profile Ap - 0 to 9 inches: fine sandy loam E - 9 to 14 inches: fine sandy loam Bt - 14 to 40 inches: sandy clay loam C - 40 to 80 inches: loamy sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Moderately well drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 18 to 30 inches Frequency of flooding: Rare Frequency of ponding: None Available water storage in profile: High (about 9.6 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 2w Hydrologic Soil Group: C Hydric soil rating: No Minor Components Tomotley, undrained Percent of map unit. 2 percent Landform: Depressions on stream terraces, flats on stream terraces 14 Custom Soil Resource Report Down -slope shape: Linear Across -slope shape: Linear Hydric soil rating: Yes Roanoke, undrained Percent of map unit. 2 percent Landform: Depressions on stream terraces, backswamps on stream terraces Landform position (three-dimensional): Flat Down -slope shape: Concave Across -slope shape: Linear Hydric soil rating: Yes Bb—Bibb complex Map Unit Setting National map unit symbol: 3tyj Elevation: 20 to 160 feet Mean annual precipitation: 40 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost -free period: 200 to 280 days Farmland classification: Not prime farmland Map Unit Composition Bibb, undrained, and similar soils: 65 percent Johnston, undrained, and similar soils: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Bibb, Undrained Setting Landform: Flood plains Landform position (two-dimensional): Toeslope Down -slope shape: Concave Across -slope shape: Linear Parent material: Sandy and loamy alluvium Typical profile A - 0 to 6 inches: loamy sand Cg1 - 6 to 60 inches: sandy loam Cg2 - 60 to 80 inches: loamy sand Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: High Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 5.95 in/hr) Depth to water table: About 0 to 12 inches Frequency of flooding: Frequent Frequency of ponding: None 15 Custom Soil Resource Report Available water storage in profile: Moderate (about 7.2 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 5w Hydrologic Soil Group: A/D Hydric soil rating: Yes Description of Johnston, Undrained Setting Landform: Flood plains Down -slope shape: Concave Across -slope shape: Linear Parent material: Sandy and loamy alluvium Typical profile A - 0 to 30 inches: mucky loam Cgl - 30 to 34 inches: loamy fine sand Cg2 - 34 to 80 inches: fine sandy loam Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Very poorly drained Runoff class: Negligible Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 5.95 in/hr) Depth to water table: About 0 inches Frequency of flooding: Frequent Frequency of ponding: Frequent Available water storage in profile: High (about 9.4 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 7w Hydrologic Soil Group: A/D Hydric soil rating: Yes LaB—Lakeland sand, 0 to 6 percent slopes Map Unit Setting National map unit symbol: 3tyz Elevation: 20 to 160 feet Mean annual precipitation: 40 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost -free period: 200 to 280 days Farmland classification: Not prime farmland Map Unit Composition Lakeland and similar soils: 85 percent it. Custom Soil Resource Report Minor components: 3 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Lakeland Setting Landform: Ridges on stream terraces Landform position (two-dimensional): Shoulder, summit Landform position (three-dimensional): Crest Down -slope shape: Convex Across -slope shape: Convex Parent material: Eolian sands and/or sandy fluviomarine deposits Typical profile A - 0 to 10 inches: sand C - 10 to 80 inches: sand Properties and qualities Slope: 0 to 6 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Excessively drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Rare Frequency of ponding: None Available water storage in profile: Low (about 3.7 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 4s Hydrologic Soil Group: A Hydric soil rating: No Minor Components Leon Percent of map unit. 3 percent Landform: Flats on marine terraces Down -slope shape: Linear Across -slope shape: Concave Hydric soil rating: Yes Oe—Olustee loamy sand, sandy subsoil variant (Murville) Map Unit Setting National map unit symbol: 3tzb Elevation: 20 to 160 feet Mean annual precipitation: 40 to 55 inches Mean annual air temperature: 59 to 70 degrees F 17 Custom Soil Resource Report Frost -free period: 200 to 280 days Farmland classification: Farmland of unique importance Map Unit Composition Murville, undrained, and similar soils: 80 percent Murville, drained, and similar soils: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Murville, Undrained Setting Landform: Depressions on marine terraces, flats on marine terraces Down -slope shape: Concave Across -slope shape: Concave Parent material: Sandy fluviomarine deposits and/or eolian sands Typical profile A - 0 to 8 inches: fine sand Bh - 8 to 45 inches: fine sand C - 45 to 80 inches: fine sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Very poorly drained Runoff class: Negligible Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 5.95 in/hr) Depth to water table: About 0 inches Frequency of flooding: None Frequency of ponding: Frequent Available water storage in profile: Low (about 4.8 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 5w Hydrologic Soil Group: A/D Hydric soil rating: Yes Description of Murville, Drained Setting Landform: Depressions on marine terraces, flats on marine terraces Down -slope shape: Concave Across -slope shape: Concave Parent material: Sandy fluviomarine deposits and/or eolian sands Typical profile A - 0 to 8 inches: fine sand Bh - 8 to 45 inches: fine sand C - 45 to 80 inches: fine sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Very poorly drained Runoff class: Very high 18 Custom Soil Resource Report Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 5.95 in/hr) Depth to water table: About 0 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Low (about 4.8 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3w Hydrologic Soil Group: A/D Hydric soil rating: Yes Os —Osier loamy sand, loamy substratum (Plummer) Map Unit Setting National map unit symbol. 3tzc Elevation: 80 to 330 feet Mean annual precipitation: 38 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost -free period: 210 to 265 days Farmland classification: Not prime farmland Map Unit Composition Plummer, undrained, and similar soils: 40 percent Osier, undrained, and similar soils: 30 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Plummer, Undrained Setting Landform: Flats, drainageways, depressions Landform position (two-dimensional): Toeslope Down -slope shape: Concave Across -slope shape: Concave Parent material: Loamy and sandy marine deposits Typical profile A - 0 to 9 inches: loamy sand Eg - 9 to 50 inches: loamy sand Btg - 50 to 80 inches: sandy loam Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 1.98 in/hr) Depth to water table: About 0 to 12 inches Frequency of flooding: Very rare 19 Custom Soil Resource Report Frequency of ponding: None Available water storage in profile: Low (about 4.6 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 4w Hydrologic Soil Group: A/D Hydric soil rating: Yes Description of Osier, Undrained Setting Landform: Flats, drainageways, depressions Landform position (two-dimensional): Toeslope Down -slope shape: Concave Across -slope shape: Concave Parent material: Sandy fluviomarine deposits Typical profile A - 0 to 8 inches: loamy sand Cgl - 8 to 48 inches: loamy sand Cg2 - 48 to 80 inches: coarse sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: About 0 to 12 inches Frequency of flooding: Frequent Frequency of ponding: None Available water storage in profile: Low (about 3.8 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 5w Hydrologic Soil Group: A/D Hydric soil rating: Yes Pa—Pactolus loamy sand Map Unit Setting National map unit symbol: 3tzd Elevation: 80 to 330 feet Mean annual precipitation: 38 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost -free period: 210 to 265 days Farmland classification: Not prime farmland 20 Custom Soil Resource Report Map Unit Composition Pactolus and similar soils: 90 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Pactolus Setting Landform: Ridges on stream terraces, ridges on marine terraces Landform position (three-dimensional): Tread Down -slope shape: Convex, concave Across -slope shape: Convex, linear Parent material: Sandy fluviomarine deposits and/or eolian sands Typical profile Ap - 0 to 8 inches: loamy sand C - 8 to 40 inches: loamy sand Cg - 40 to 80 inches: loamy sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Moderately well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: About 18 to 36 inches Frequency of flooding: Rare Frequency of ponding: None Available water storage in profile: Low (about 4.2 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3s Hydrologic Soil Group: A Hydric soil rating: No Po —Portsmouth loam Map Unit Setting National map unit symbol: 3tzg Elevation: 20 to 160 feet Mean annual precipitation: 40 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost -free period: 200 to 280 days Farmland classification: Prime farmland if drained Map Unit Composition Portsmouth, drained, and similar soils: 80 percent Portsmouth, undrained, and similar soils: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. 21 Custom Soil Resource Report Description of Portsmouth, Drained Setting Landform: Depressions on stream terraces, flats on marine terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Loamy fluviomarine deposits over sandy fluviomarine deposits Typical profile Ap - 0 to 12 inches: loam Eg - 12 to 19 inches: loam BEg - 19 to 23 inches: loam Btg - 23 to 35 inches: sandy clay loam BCg - 35 to 38 inches: sandy loam 2Cg1 - 38 to 48 inches: sand 2Cg2 - 48 to 80 inches: sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: 20 to 40 inches to strongly contrasting textural stratification Natural drainage class: Very poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat) high (0.57 to 1.98 in/hr) Depth to water table: About 0 to 12 inches Frequency of flooding: Rare Frequency of ponding: None Available water storage in profile: Low (about 5.8 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3w Hydrologic Soil Group: B/D Hydric soil rating: Yes Description of Portsmouth, Undrained Moderately high to Setting Landform: Flats on marine terraces, depressions on stream terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Loamy fluviomarine deposits over sandy fluviomarine deposits Typical profile A - 0 to 12 inches: loam Eg - 12 to 19 inches: loam BEg - 19 to 23 inches: loam Btg - 23 to 35 inches: sandy clay loam BCg - 35 to 38 inches: sandy loam 2Cg1 - 38 to 48 inches: sand 2Cg2 - 48 to 80 inches: sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: 20 to 40 inches to strongly contrasting textural stratification 22 Custom Soil Resource Report Natural drainage class: Very poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 0 to 12 inches Frequency of flooding: Rare Frequency of ponding: Rare Available water storage in profile: Low (about 5.8 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 6w Hydrologic Soil Group: B/D Hydric soil rating: Yes Tu—Tuckerman fine sandy loam (Yonges) Map Unit Setting National map unit symbol: 3tzl Elevation: 0 to 20 feet Mean annual precipitation: 42 to 58 inches Mean annual air temperature: 61 to 64 degrees F Frost -free period: 190 to 270 days Farmland classification: Prime farmland if drained Map Unit Composition Yonges, drained, and similar soils: 80 percent Yonges, undrained, and similar soils: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Yonges, Drained Setting Landform: Flats on marine terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Sandy and loamy fluviomarine deposits and/or marine deposits Typical profile Ap - 0 to 7 inches: loam Btg - 7 to 51 inches: loam BCg - 51 to 58 inches: fine sandy loam C - 58 to 80 inches: loamy sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.57 in/hr) 23 Custom Soil Resource Report Depth to water table: About 0 to 12 inches Frequency of flooding: Rare Frequency of ponding: None Calcium carbonate, maximum in profile: 3 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: High (about 9.1 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3w Hydrologic Soil Group: C/D Hydric soil rating: Yes Description of Yonges, Undrained Setting Landform: Flats on marine terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Sandy and loamy fluviomarine deposits and/or marine deposits Typical profile Ap - 0 to 7 inches: loam Btg - 7 to 51 inches: loam BCg - 51 to 58 inches: fine sandy loam C - 58 to 80 inches: loamy sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.57 in/hr) Depth to water table: About 0 to 12 inches Frequency of flooding: Rare Frequency of ponding: None Calcium carbonate, maximum in profile: 3 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: High (about 9.1 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 4w Hydrologic Soil Group: C/D Hydric soil rating: Yes 24 Custom Soil Resource Report WaB—Wagram loamy sand, 0 to 6 percent slopes Map Unit Setting National map unit symbol. 3tzm Elevation: 80 to 330 feet Mean annual precipitation: 38 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost -free period: 210 to 265 days Farmland classification: Farmland of statewide importance Map Unit Composition Wagram and similar soils: 90 percent Minor components: 5 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Wagram Setting Landform: Ridges on marine terraces, broad interstream divides on marine terraces Landform position (two-dimensional): Shoulder, summit Landform position (three-dimensional): Crest Down -slope shape: Convex Across -slope shape: Convex Parent material: Loamy marine deposits Typical profile Ap - 0 to 8 inches: loamy sand E - 8 to 24 inches: loamy sand Bt - 24 to 75 inches: sandy clay loam BC - 75 to 83 inches: sandy loam Properties and qualities Slope: 0 to 6 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 60 to 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Moderate (about 6.7 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 2s Hydrologic Soil Group: A Hydric soil rating: No 25 Custom Soil Resource Report Minor Components Bibb, undrained Percent of map unit: 3 percent Landform: Flood plains Landform position (two-dimensional): Toeslope Down -slope shape: Concave Across -slope shape: Linear Hydric soil rating: Yes Johnston, undrained Percent of map unit: 2 percent Landform: Flood plains Down -slope shape: Concave Across -slope shape: Linear Hydric soil rating: Yes W References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep -water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://www.nres.usda.gov/wps/portal/ n res/d eta i I/n ati o n a I/s o i Is/?cid = n res 142 p2_0 54262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www. nres. usda.gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www. nres. usda.gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nres.usda.gov/wps/portal/nres/detail/soils/ home/?cid=nres142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nres.usda.gov/wps/portal/nres/ detail/national/landuse/rangepastu re/?cid=stelprdb1043084 27 Custom Soil Resource Report United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430-VI. http://www.nres.usda.gov/wps/portal/ n res/d eta i I/so i Is/scie ntists/?cid=n res 142 p2_054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nres.usda.gov/wps/portal/nres/detail/national/soils/? cid = n res 142 p2_05 3624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:H www.nrcs.usda.gov/lnternet/FSE—DOCUMENTS/nrcsl 42p2_052290. pdf 28 Appendix D: Environmental Records, Scoping Letters, & PNG Easement Information GUC Bank Parcel Development Plan Appendices Tar -Pamlico River Basin 8-Digit HUC: 03020103 Greenville Utility 2242 Sunny Side Road Greenville, NC 27834 Inquiry Number: 5624383.2s April 17, 2019 6 Armstrong Road, 4th floor Shelton, CT 06484 (rEDW Toll Free: 800.352.0050 www.edrnet.com FORM-PBA-CCA TABLE OF CONTENTS SECTION PAGE Executive Summary------------------------------------------------------- ES1 Overview Map 2 Detail Map 3 Map Findings Summary---------------------------------------------------- 4 Map Findings 8 Orphan Summary--------------------------------------------------------- 9 Government Records Searched/Data Currency Tracking GR-1 GEOCHECK ADDENDUM Physical Setting Source Addendum------------------------------------------ A-1 Physical Setting Source Summary A-2 Physical Setting Source Map A-7 Physical Setting Source Map Findings---------------------------------------- A-8 Physical Setting Source Records Searched------------------------------------. PSGR-1 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. 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Copyright 2019 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TC5624383.2s Page 1 EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS 2242 SUNNY SIDE ROAD GREENVILLE, NC 27834 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: 35.6032610 - 35' 36' 11.73" 77.2946810 - 77' 17' 40.85" Zone 18 292132.0 3942170.5 12 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: 5944944 GREENVILLE SE, NC Version Date: 2013 AERIAL PHOTOGRAPHY IN THIS REPORT Portions of Photo from: 20140706 Source: USDA TC5624383.2s EXECUTIVE SUMMARY 1 F- MAPPED SITES SUMMARY Target Property Address: 2242 SUNNY SIDE ROAD GREENVILLE, NC 27834 Click on Map ID to see full detail. MAP RELATIVE DIST (ft. & mi.) ID SITE NAME ADDRESS DATABASE ACRONYMS ELEVATION DIRECTION Reg PITT CO UTIL LDFL NC HSDS Same 4616, 0.874, WSW PITT COUNTY UTILITY PORT TERMINAL RD SHWS Higher 4138, 0.784, SW 5624383.2s Page 2 EXECUTIVE SUMMARY TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL___________________________ National Priority List Proposed NPL_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Proposed National Priority List Sites NPL LIENS -------------------- Federal Superfund Liens Federal Delisted NPL site list Delisted NPL_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ National Priority List Deletions Federal CERCLIS list FEDERAL FACILITY_ _ _ _ _ _ _ _ _ _ Federal Facility Site Information listing SEMS------------------------- Superfund Enterprise Management System Federal CERCLIS NFRAP site list SEMS-ARCHIVE-------------- Superfund Enterprise Management System Archive Federal RCRA CORRACTS facilities list CORRACTS------------------ Corrective Action Report Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF------------------ RCRA - Treatment, Storage and Disposal Federal RCRA generators list RCRA-LQG------------------- RCRA - Large Quantity Generators RCRA-SQG------------------- RCRA - Small Quantity Generators RCRA-CESQG---------------- RCRA - Conditionally Exempt Small Quantity Generator Federal institutional controls / engineering controls registries LUCIS_________________________ Land Use Control Information System US ENG CONTROLS_ _ _ _ _ _ _ _ _ Engineering Controls Sites List TC5624383.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US INST CONTROL_ _ _ _ _ _ _ _ _ _ Sites with Institutional Controls Federal ERNS list ERNS_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Emergency Response Notification System State and tribal landfill and/or solid waste disposal site lists SWF/LF_______________________ List of Solid Waste Facilities DEBRIS_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Solid Waste Active Disaster Debris Sites Listing OLI____________________________ Old Landfill Inventory LCID__________________________ Land -Clearing and Inert Debris (LCID) Landfill Notifications State and tribal leaking storage tank lists LAST__________________________ Leaking Aboveground Storage Tanks LUST -------------------------- Regional UST Database INDIAN LUST_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Leaking Underground Storage Tanks on Indian Land LUST TRUST_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ State Trust Fund Database State and tribal registered storage tank lists FEMA UST____________________ Underground Storage Tank Listing UST___________________________ Petroleum Underground Storage Tank Database AST___________________________ AST Database INDIAN UST__________________ Underground Storage Tanks on Indian Land State and tribal institutional control / engineering control registries INST CONTROL_ _ _ _ _ _ _ _ _ _ _ _ _ _ No Further Action Sites With Land Use Restrictions Monitoring State and tribal voluntary cleanup sites VCP___________________________ Responsible Party Voluntary Action Sites INDIAN VCP__________________ Voluntary Cleanup Priority Listing State and tribal Brownfields sites BROWNFIELDS______________ Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS----------- A Listing of Brownfields Sites Local Lists of Landfill / Solid Waste Disposal Sites HIST LF_______________________ Solid Waste Facility Listing SWRCY_______________________ Recycling Center Listing INDIAN ODI------------------- Report on the Status of Open Dumps on Indian Lands ODI___________________________ Open Dump Inventory DEBRIS REGION 9----------- Torres Martinez Reservation Illegal Dump Site Locations IHS OPEN DUMPS___________ Open Dumps on Indian Land TC5624383.2s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY Local Lists of Hazardous waste / Contaminated Sites US HIST CDL----------------- Delisted National Clandestine Laboratory Register US CDL----------------------- National Clandestine Laboratory Register Local Land Records LIENS 2_______________________ CERCLA Lien Information Records of Emergency Release Reports HMI RS_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Hazardous Materials Information Reporting System SPILLS________________________ Spills Incident Listing IMD___________________________ Incident Management Database SPILLS 90____________________ SPILLS 90 data from FirstSearch SPILLS 80____________________ SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR _ _ _ _ _ _ _ _ RCRA - Non Generators / No Longer Regulated FUDS_________________________ Formerly Used Defense Sites DOD__________________________ Department of Defense Sites SCRD DRYCLEANERS------- State Coalition for Remediation of Drycleaners Listing US FIN ASSUR--------------- Financial Assurance Information EPA WATCH LIST____________ EPA WATCH LIST 2020 COR ACTION_ _ _ _ _ _ _ _ _ _ _ 2020 Corrective Action Program List TSCA_________________________ Toxic Substances Control Act TRIS__________________________ Toxic Chemical Release Inventory System SSTS-------------------------- Section 7 Tracking Systems ROD__________________________ Records Of Decision RMP__________________________ Risk Management Plans RAATS------------------------ RCRA Administrative Action Tracking System PRP___________________________ Potentially Responsible Parties PADS_________________________ PCB Activity Database System ICIS___________________________ Integrated Compliance Information System FTTS-------------------------- FI FRA/ TSCA Tracking System - FI FRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS_________________________ Material Licensing Tracking System COAL ASH DOE_ _ _ _ _ _ _ _ _ _ _ _ _ _ Steam -Electric Plant Operation Data COAL ASH EPA_ _ _ _ _ _ _ _ _ _ _ _ _ _ Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER _ _ _ _ _ _ _ PCB Transformer Registration Database RADI NFO_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Radiation Information Database H I ST FTTS-------------------- FI FRA/TSCA Tracking System Administrative Case Listing DOT OPS_____________________ Incident and Accident Data CONSENT____________________ Superfund (CERCLA) Consent Decrees INDIAN RESERV_____________ Indian Reservations FUSRAP---------------------- Formerly Utilized Sites Remedial Action Program UMTRA_______________________ Uranium Mill Tailings Sites LEAD SMELTERS_ _ _ _ _ _ _ _ _ _ _ _ Lead Smelter Sites US AIRS_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Aerometric Information Retrieval System Facility Subsystem US MINES____________________ Mines Master Index File ABANDONED MINES --------- Abandoned Mines FINDS_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . Facility Index System/Facility Registry System DOCKET HWC---------------- Hazardous Waste Compliance Docket Listing TC5624383.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY UXO --------------------------- Unexploded Ordnance Sites ECHO_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Enforcement & Compliance History Information FUELS PROGRAM_ _ _ _ _ _ _ _ _ _ _ EPA Fuels Program Registered Listing AIRS__________________________ Air Quality Permit Listing ASBESTOS___________________ ASBESTOS COAL ASH____________________ Coal Ash Disposal Sites DRYCLEANERS______________ Drycleaning Sites Financial Assurance_ _ _ _ _ _ _ _ _ _. Financial Assurance Information Listing NPDES------------------------ NPDES Facility Location Listing UIC---------------------------- Underground Injection Wells Listing PCSRP------------------------ Petroleum -Contaminated Soil Remediation Permits SEPT HAULERS_ _ _ _ _ _ _ _ _ _ _ _ _ _ Permitted Septage Haulers Listing CCB___________________________ Coal Ash Structural Fills (CCB) Listing AOP--------------------------- Animal Operation Permits Listing EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP_____________________ EDR Proprietary Manufactured Gas Plants EDR Hist Auto_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . EDR Exclusive Historical Auto Stations EDR Hist Cleaner_ _ _ _ _ _ _ _ _ _ _ _ _ EDR Exclusive Historical Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS-------------------- Recovered Government Archive State Hazardous Waste Facilities List RGA LF----------------------- Recovered Government Archive Solid Waste Facilities List RGA LUST_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS Surrounding sites were identified in the following databases. Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. Sites with an elevation equal to or higher than the target property have been differentiated below from sites with an elevation lower than the target property. Page numbers and map identification numbers refer to the EDR Radius Map report where detailed data on individual sites can be reviewed. Sites listed in bold italics are in multiple databases. Unmappable (orphan) sites are not considered in the foregoing analysis. STANDARD ENVIRONMENTAL RECORDS State- and tribal - equivalent NPL NC HSDS: The Hazardous Substance Disposal Sites list contains locations of uncontrolled and unregulated hazardous waste sites. The file contains sites on the national priority list as well as the state priority list. The data source is the North Carolina Center for Geographic Information and Analysis. A review of the NC HSDS list, as provided by EDR, and dated 08/09/2011 has revealed that there is 1 TC5624383.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY NC HSDS site within approximately 1 mile of the target property. Equal/Higher Elevation PITT CO UTIL LDFL State- and tribal - equivalent CERCLIS Address Direction / Distance Map ID Page WSW 1/2 - 1 (0.874 mi.) 0 8 SHWS: The State Hazardous Waste Sites records are the states' equivalent to CERCLIS. These sites may or may not already be listed on the federal CERCLIS list. Priority sites planned for cleanup using state funds (state equivalent of Superfund) are identified along with sites where cleanup will be paid for by potentially responsible parties. The data come from the Department of Environment & Natural Resources' Inactive Hazardous Sites Program. A review of the SHWS list, as provided by EDR, and dated 12/10/2018 has revealed that there is 1 SHWS site within approximately 1 mile of the target property. Eaual/Hiaher Elevation Address Direction / Distance Map ID PITT COUNTY UTILITY Facility Id: NCD980557672 PORT TERMINAL RD SW 1/2 - 1 (0.784 mi.) 1 Page 8 TC5624383.2s EXECUTIVE SUMMARY 7 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC5624383.2s EXECUTIVE SUMMARY 8 OVERVIEW MAP - 5624383.2S Target Property Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property A Manufactured Gas Plants National Priority List Sites Dept. Defense Sites 0 1/4 1/2 1 Mlles Indian Reservations BIA Hazardous Substance Power transmission lines Disposal Sites ioo-year flood zone 5oo-year flood zone ■ National Wetland Inventory State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Greenville Utility CLIENT: Restoration Systems, LLC ADDRESS: 2242 Sunny Side Road CONTACT: JD Hamby Greenville INC 27834 INQUIRY #: 5624383.2s LAT/LONG: 35.603261 / 77.294681 DATE: April 17, 2019 11:41 am Copyright �o 2019 EDR, Inc. (,) 2015 TonnTom Rai. 2015. DETAIL MAP - 5624383.2S Target Property 0 1 /16 1 /a 1 /4 Mlles Sites at elevations higher than or equal to the target property Indian Reservations BIA Hazardous Substance ♦ Sites at elevations lower than Power transmission lines a Disposal Sites the target property 100-year flood zone A Manufactured Gas Plants 5oo-year flood zone t Sensitive Receptors National Priority List Sites National Wetland Inventory Dept. Defense Sites 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Greenville Utility CLIENT: Restoration Systems, LLC ADDRESS: 2242 Sunny Side Road CONTACT: JD Hamby Greenville INC 27834 INQUIRY #: 5624383.2s LAT/LONG: 35.603261 / 77.294681 DATE: April 17, 2019 11:43 am Copyright �o 2019 EDR, Inc. (,) 2015 TonnTom Rai. 2015. MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 NPL LIENS 1.000 0 0 0 0 NR 0 Federal Delisted NPL site list Delisted NPL 1.000 0 0 0 0 NR 0 Federal CERCLIS list FEDERAL FACILITY 0.500 0 0 0 NR NR 0 SEMS 0.500 0 0 0 NR NR 0 Federal CERCLIS NFRAP site list SEMS-ARCHIVE 0.500 0 0 0 NR NR 0 Federal RCRA CORRACTS facilities list CORRACTS 1.000 0 0 0 0 NR 0 Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF 0.500 0 0 0 NR NR 0 Federal RCRA generators list RCRA-LQG 0.250 0 0 NR NR NR 0 RCRA-SQG 0.250 0 0 NR NR NR 0 RCRA-CESQG 0.250 0 0 NR NR NR 0 Federal institutional controls / engineering controls registries LUCIS 0.500 0 0 0 NR NR 0 US ENG CONTROLS 0.500 0 0 0 NR NR 0 US INST CONTROL 0.500 0 0 0 NR NR 0 Federal ERNS list ERNS TP NR NR NR NR NR 0 State- and tribal - equivalent NPL NC HSDS 1.000 0 0 0 1 NR 1 State- and tribal - equivalent CERCLIS SHWS 1.000 0 0 0 1 NR 1 State and tribal landfill and/or solid waste disposal site lists SWF/LF 0.500 0 0 0 NR NR 0 DEBRIS 0.500 0 0 0 NR NR 0 OLI 0.500 0 0 0 NR NR 0 LCID 0.500 0 0 0 NR NR 0 TC5624383.2s Page 4 MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted State and tribal leaking storage tank lists LAST 0.500 0 0 0 NR NR 0 LUST 0.500 0 0 0 NR NR 0 INDIAN LUST 0.500 0 0 0 NR NR 0 LUST TRUST 0.500 0 0 0 NR NR 0 State and tribal registered storage tank lists FEMA UST 0.250 0 0 NR NR NR 0 UST 0.250 0 0 NR NR NR 0 AST 0.250 0 0 NR NR NR 0 INDIAN UST 0.250 0 0 NR NR NR 0 State and tribal institutional control / engineering control registries INST CONTROL 0.500 0 0 0 NR NR 0 State and tribal voluntary cleanup sites VCP 0.500 0 0 0 NR NR 0 INDIAN VCP 0.500 0 0 0 NR NR 0 State and tribal Brownfields sites BROWNFIELDS 0.500 0 0 0 NR NR 0 ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS 0.500 Local Lists of Landfill / Solid Waste Disposal Sites HIST LF 0.500 SWRCY 0.500 INDIAN ODI 0.500 ODI 0.500 DEBRIS REGION 9 0.500 IHS OPEN DUMPS 0.500 Local Lists of Hazardous waste / Contaminated Sites US HIST CDL TP US CDL TP Local Land Records LIENS 2 TP Records of Emergency Release Reports HMIRS TP SPILLS TP I M D 0.500 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 0 NR NR 0 TC5624383.2s Page 5 MAP FINDINGS SUMMARY Search Distance Target Database (Miles) Property < 1 /8 1/8-1/4 1/4-1/2 1/2-1 > 1 SPILLS 90 TP NR NR NR NR NR SPILLS 80 TP NR NR NR NR NR Other Ascertainable Records RCRA NonGen / NLR 0.250 0 0 NR NR NR FUDS 1.000 0 0 0 0 NR DOD 1.000 0 0 0 0 NR SCRD DRYCLEANERS 0.500 0 0 0 NR NR US FIN ASSUR TP NR NR NR NR NR EPA WATCH LIST TP NR NR NR NR NR 2020 COR ACTION 0.250 0 0 NR NR NR TSCA TP NR NR NR NR NR TRIS TP NR NR NR NR NR SSTS TP NR NR NR NR NR ROD 1.000 0 0 0 0 NR RMP TP NR NR NR NR NR RAATS TP NR NR NR NR NR PRP TP NR NR NR NR NR PADS TP NR NR NR NR NR ICIS TP NR NR NR NR NR FTTS TP NR NR NR NR NR MLTS TP NR NR NR NR NR COAL ASH DOE TP NR NR NR NR NR COAL ASH EPA 0.500 0 0 0 NR NR PCB TRANSFORMER TP NR NR NR NR NR RADINFO TP NR NR NR NR NR HIST FTTS TP NR NR NR NR NR DOT OPS TP NR NR NR NR NR CONSENT 1.000 0 0 0 0 NR INDIAN RESERV 1.000 0 0 0 0 NR FUSRAP 1.000 0 0 0 0 NR UMTRA 0.500 0 0 0 NR NR LEAD SMELTERS TP NR NR NR NR NR US AIRS TP NR NR NR NR NR US MINES 0.250 0 0 NR NR NR ABANDONED MINES 0.250 0 0 NR NR NR FINDS TP NR NR NR NR NR DOCKET HWC TP NR NR NR NR NR UXO 1.000 0 0 0 0 NR ECHO TP NR NR NR NR NR FUELS PROGRAM 0.250 0 0 NR NR NR AIRS TP NR NR NR NR NR ASBESTOS TP NR NR NR NR NR COAL ASH 0.500 0 0 0 NR NR DRYCLEANERS 0.250 0 0 NR NR NR Financial Assurance TP NR NR NR NR NR NPDES TP NR NR NR NR NR UIC TP NR NR NR NR NR PCSRP 0.500 0 0 0 NR NR SEPT HAULERS TP NR NR NR NR NR CCB 0.500 0 0 0 NR NR Total Plotted TC5624383.2s Page 6 MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted AOP TP NR NR NR NR NR 0 EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP 1.000 0 0 0 0 NR 0 EDR Hist Auto 0.125 0 NR NR NR NR 0 EDR Hist Cleaner 0.125 0 NR NR NR NR 0 411:aNx9161Tl4N=I1Zr161T/4NkiIdjI=Iki11r_VZN:119*? Exclusive Recovered Govt. Archives RGA HWS TP NR NR NR NR NR 0 RGA LF TP NR NR NR NR NR 0 RGA LUST TP NR NR NR NR NR 0 - Totals -- 0 0 0 0 2 0 2 NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC5624383.2s Page 7 Map ID Direction Distance Elevation Site HSDS Region WSW 1/2-1 4616 ft. I:Jk091010111111M69194 ,NC MAP FINDINGS HSDS: Site Type: Superfund ID: Lat/Long: Total area in coverage units: Total perimeter in coverage units: X-value coordinate in feet: Y-value coordinate in feet: Sites designated as superfund cleanup sites: Length of feature in internal units: Area of feature in internal units squared: 1 PITT COUNTY UTILITY LANDFILL SW PORT TERMINAL RD 1/2-1 GREENVILLE, NC 0.784 mi. 4138 ft. Relative: SHWS: Higher EPAID: Actual: Lat/Longitude: 15 ft. Geolocation Method: Federal 980 557 672 35 35 45.515878 77 18 31.584098 12211.2949219 422.28198242 2502756.5 676099.25 445 422.281919734 12211.2920249 NCD980557672 35.59677 /-77.30611 Not reported EDR ID Number Database(s) EPA ID Number NC HSDS S102442544 N/A SHWS S111085678 N/A TC5624383.2s Page 8 Count: 0 records. ORPHAN SUMMARY City EDR ID Site Name Site Address Zip Database(s) NO SITES FOUND TC5624383.2s Page 9 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING To maintain currency of the following federal and state databases, EDR contacts the appropriate governmental agency on a monthly or quarterly basis, as required. Number of Days to Update: Provides confirmation that EDR is reporting records that have been updated within 90 days from the date the government agency made the information available to the public. STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL: National Priority List National Priorities List (Superfund). The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program. NPL sites may encompass relatively large areas. As such, EDR provides polygon coverage for over 1,000 NPL site boundaries produced by EPA's Environmental Photographic Interpretation Center (EPIC) and regional EPA offices. Date of Government Version: 03/11/2019 Date Data Arrived at EDR: 03/14/2019 Date Made Active in Reports: 04/01/2019 Number of Days to Update: 18 NPL Site Boundaries Source: EPA Telephone: N/A Last EDR Contact: 04/05/2019 Next Scheduled EDR Contact: 07/15/2019 Data Release Frequency: Quarterly Sources: EPA's Environmental Photographic Interpretation Center (EPIC) Telephone: 202-564-7333 EPA Region 1 Telephone 617-918-1143 EPA Region 3 Telephone 215-814-5418 EPA Region 4 Telephone 404-562-8033 EPA Region 5 Telephone 312-886-6686 EPA Region 10 Telephone 206-553-8665 EPA Region 6 Telephone:214-655-6659 EPA Region 7 Telephone:913-551-7247 EPA Region 8 Telephone:303-312-6774 EPA Region 9 Telephone: 415 -947 -4246 Proposed NPL: Proposed National Priority List Sites A site that has been proposed for listing on the National Priorities List through the issuance of a proposed rule in the Federal Register. EPA then accepts public comments on the site, responds to the comments, and places on the NPL those sites that continue to meet the requirements for listing. Date of Government Version: 03/11/2019 Date Data Arrived at EDR: 03/14/2019 Date Made Active in Reports: 04/01/2019 Number of Days to Update: 18 Source: EPA Telephone: N/A Last EDR Contact: 04/05/2019 Next Scheduled EDR Contact: 07/15/2019 Data Release Frequency: Quarterly NPL LIENS: Federal Superfund Liens Federal Superfund Liens. Under the authority granted the USEPA by CERCLA of 1980, the USEPA has the authority to file liens against real property in order to recover remedial action expenditures or when the property owner received notification of potential liability. USEPA compiles a listing of filed notices of Superfund Liens. TC5624383.2s Page GR-1 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 10/15/1991 Date Data Arrived at EDR: 02/02/1994 Date Made Active in Reports: 03/30/1994 Number of Days to Update: 56 Federal Delisted NPL site list Source: EPA Telephone: 202-564-4267 Last EDR Contact: 08/15/2011 Next Scheduled EDR Contact: 11/28/2011 Data Release Frequency: No Update Planned Delisted NPL: National Priority List Deletions The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) establishes the criteria that the EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425.(e), sites may be deleted from the NPL where no further response is appropriate. Date of Government Version: 03/11/2019 Date Data Arrived at EDR: 03/14/2019 Date Made Active in Reports: 04/01/2019 Number of Days to Update: 18 Federal CERCLIS list Source: EPA Telephone: N/A Last EDR Contact: 04/05/2019 Next Scheduled EDR Contact: 07/15/2019 Data Release Frequency: Quarterly FEDERAL FACILITY: Federal Facility Site Information listing A listing of National Priority List (NPL) and Base Realignment and Closure (BRAG) sites found in the Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) Database where EPA Federal Facilities Restoration and Reuse Office is involved in cleanup activities. Date of Government Version: 11/07/2016 Date Data Arrived at EDR: 01/05/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 92 Source: Environmental Protection Agency Telephone: 703-603-8704 Last EDR Contact: 04/05/2019 Next Scheduled EDR Contact: 07/15/2019 Data Release Frequency: Varies SEMS: Superfund Enterprise Management System SEMS (Superfund Enterprise Management System) tracks hazardous waste sites, potentially hazardous waste sites, and remedial activities performed in support of EPA's Superfund Program across the United States. The list was formerly know as CERCLIS, renamed to SEMS by the EPA in 2015. The list contains data on potentially hazardous waste sites that have been reported to the USEPA by states, municipalities, private companies and private persons, pursuant to Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This dataset also contains sites which are either proposed to or on the National Priorities List (NPL) and the sites which are in the screening and assessment phase for possible inclusion on the NPL. Date of Government Version: 02/06/2019 Date Data Arrived at EDR: 02/15/2019 Date Made Active in Reports: 03/15/2019 Number of Days to Update: 28 Federal CERCLIS NFRAP site list Source: EPA Telephone: 800-424-9346 Last EDR Contact: 03/14/2019 Next Scheduled EDR Contact: 04/29/2019 Data Release Frequency: Quarterly SEMS-ARCHIVE: Superfund Enterprise Management System Archive TC5624383.2s Page GR-2 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING SEMS-ARCHIVE (Superfund Enterprise Management System Archive) tracks sites that have no further interest under the Federal Superfund Program based on available information. The list was formerly known as the CERCLIS-NFRAP, renamed to SEMS ARCHIVE by the EPA in 2015. EPA may perform a minimal level of assessment work at a site while it is archived if site conditions change and/or new information becomes available. Archived sites have been removed and archived from the inventory of SEMS sites. Archived status indicates that, to the best of EPA's knowledge, assessment at a site has been completed and that EPA has determined no further steps will be taken to list the site on the National Priorities List (NPL), unless information indicates this decision was not appropriate or other considerations require a recommendation for listing at a later time. The decision does not necessarily mean that there is no hazard associated with a given site; it only means that. based upon available information, the location is not judged to be potential NPL site. Date of Government Version: 02/06/2019 Date Data Arrived at EDR: 02/15/2019 Date Made Active in Reports: 03/15/2019 Number of Days to Update: 28 Federal RCRA CORRACTS facilities list Source: EPA Telephone: 800-424-9346 Last EDR Contact: 03/14/2019 Next Scheduled EDR Contact: 04/29/2019 Data Release Frequency: Quarterly CORRACTS: Corrective Action Report CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. Date of Government Version: 03/01/2018 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Federal RCRA non-CORRACTS TSD facilities list Source: EPA Telephone: 800-424-9346 Last EDR Contact: 03/27/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly RCRA-TSDF: RCRA - Treatment, Storage and Disposal RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Transporters are individuals or entities that move hazardous waste from the generator offsite to a facility that can recycle, treat, store, or dispose of the waste. TSDFs treat, store, or dispose of the waste. Date of Government Version: 03/01/2018 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Federal RCRA generators list Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 03/27/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly RCRA-LQG: RCRA - Large Quantity Generators RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Large quantity generators (LQGs) generate over 1,000 kilograms (kg) of hazardous waste, or over 1 kg of acutely hazardous waste per month. Date of Government Version: 03/01/2018 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 03/27/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly TC5624383.2s Page GR-3 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING RCRA-SQG: RCRA - Small Quantity Generators RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Small quantity generators (SQGs) generate between 100 kg and 1,000 kg of hazardous waste per month. Date of Government Version: 03/01/2018 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 03/27/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly RCRA-CESQG: RCRA - Conditionally Exempt Small Quantity Generators RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Conditionally exempt small quantity generators (CESQGs) generate less than 100 kg of hazardous waste, or less than 1 kg of acutely hazardous waste per month. Date of Government Version: 03/01/2018 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 03/27/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly Federal institutional controls / engineering controls registries LUCIS: Land Use Control Information System LUCIS contains records of land use control information pertaining to the former Navy Base Realignment and Closure properties. Date of Government Version: 10/17/2018 Date Data Arrived at EDR: 10/25/2018 Date Made Active in Reports: 12/07/2018 Number of Days to Update: 43 Source: Department of the Navy Telephone: 843-820-7326 Last EDR Contact: 02/07/2019 Next Scheduled EDR Contact: 05/27/2019 Data Release Frequency: Varies US ENG CONTROLS: Engineering Controls Sites List A listing of sites with engineering controls in place. Engineering controls include various forms of caps, building foundations, liners, and treatment methods to create pathway elimination for regulated substances to enter environmental media or effect human health. Date of Government Version: 01/31/2019 Date Data Arrived at EDR: 02/04/2019 Date Made Active in Reports: 03/08/2019 Number of Days to Update: 32 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 02/04/2019 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: Varies US INST CONTROL: Sites with Institutional Controls A listing of sites with institutional controls in place. Institutional controls include administrative measures, such as groundwater use restrictions, construction restrictions, property use restrictions, and post remediation care requirements intended to prevent exposure to contaminants remaining on site. Deed restrictions are generally required as part of the institutional controls. Date of Government Version: 01/31/2019 Date Data Arrived at EDR: 02/04/2019 Date Made Active in Reports: 03/08/2019 Number of Days to Update: 32 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 02/04/2019 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: Varies TC5624383.2s Page GR-4 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Federal ERNS list ERNS: Emergency Response Notification System Emergency Response Notification System. ERNS records and stores information on reported releases of oil and hazardous substances. Date of Government Version: 02/04/2019 Source: National Response Center, United States Coast Guard Date Data Arrived at EDR: 02/08/2019 Telephone: 202-267-2180 Date Made Active in Reports: 03/08/2019 Last EDR Contact: 03/26/2019 Number of Days to Update: 28 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly State- and tribal - equivalent NPL HSDS: Hazardous Substance Disposal Site Locations of uncontrolled and unregulated hazardous waste sites. The file includes sites on the National Priority List as well as those on the state priority list. Date of Government Version: 08/09/2011 Source: North Carolina Center for Geographic Information and Analysis Date Data Arrived at EDR: 11/08/2011 Telephone: 919-754-6580 Date Made Active in Reports: 12/05/2011 Last EDR Contact: 03/04/2019 Number of Days to Update: 27 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Biennially State- and tribal - equivalent CERCLIS SHWS: Inactive Hazardous Sites Inventory State Hazardous Waste Sites. State hazardous waste site records are the states' equivalent to CERCLIS. These sites may or may not already be listed on the federal CERCLIS list. Priority sites planned for cleanup using state funds (state equivalent of Superfund) are identified along with sites where cleanup will be paid for by potentially responsible parties. Available information varies by state. Date of Government Version: 12/10/2018 Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 12/12/2018 Telephone: 919-508-8400 Date Made Active in Reports: 02/05/2019 Last EDR Contact: 03/13/2019 Number of Days to Update: 55 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Quarterly State and tribal landfill and/or solid waste disposal site lists SWF/LF: List of Solid Waste Facilities Solid Waste Facilities/Landfill Sites. SWF/LF type records typically contain an inventory of solid waste disposal facilities or landfills in a particular state. Depending on the state, these may be active or inactive facilities or open dumps that failed to meet RCRA Subtitle D Section 4004 criteria for solid waste landfills or disposal sites. Date of Government Version: 10/05/2018 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 12/26/2018 Telephone: 919-733-0692 Date Made Active in Reports: 02/05/2019 Last EDR Contact: 03/29/2019 Number of Days to Update: 41 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Varies OLL Old Landfill Inventory Old landfill inventory location information. (Does not include no further action sites and other agency lead sites). Date of Government Version: 10/09/2018 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 01/15/2019 Telephone: 919-733-4996 Date Made Active in Reports: 03/26/2019 Last EDR Contact: 04/12/2019 Number of Days to Update: 70 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Varies TC5624383.2s Page GR-5 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING DEBRIS: Solid Waste Active Disaster Debris Sites Listing NCDEQ Division of Waste Management Solid Waste Section Temporary Disaster Debris Staging Site (TDDSS) Locations which are available to be activated in a disaster or emergency.. Disaster Debris Sites can only be used for temporary disaster debris storage if the site's responsible party activates the site for use by notifying the NCDEQ DWM Solid Waste Section staff during an emergency Date of Government Version: 11/28/2018 Date Data Arrived at EDR: 12/18/2018 Date Made Active in Reports: 02/05/2019 Number of Days to Update: 49 Source: Department of Environmental Quality Telephone: 919-707-8247 Last EDR Contact: 03/20/2019 Next Scheduled EDR Contact: 07/01/2019 Data Release Frequency: Varies LCID: Land -Clearing and Inert Debris (LCID) Landfill Notifications A list all of the Land -Clearing and Inert Debris (LCID) Landfill Notification facilities (under 2 acres in size) in North Carolina. Date of Government Version: 09/06/2018 Date Data Arrived at EDR: 01/09/2019 Date Made Active in Reports: 03/25/2019 Number of Days to Update: 75 State and tribal leaking storage tank lists Source: Department of Environmental Quality Telephone: 919-707-8248 Last EDR Contact: 04/12/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Varies LAST: Leaking Aboveground Storage Tanks A listing of leaking aboveground storage tank site locations. Date of Government Version: 02/01/2019 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 02/06/2019 Telephone: 877-623-6748 Date Made Active in Reports: 03/25/2019 Last EDR Contact: 02/06/2019 Number of Days to Update: 47 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Quarterly LUST: Regional UST Database This database contains information obtained from the Regional Offices. It provides a more detailed explanation of current and historic activity for individual sites, as well as what was previously found in the Incident Management Database. Sites in this database with Incident Numbers are considered LUSTs. Date of Government Version: 02/01/2019 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 02/06/2019 Telephone: 919-707-8200 Date Made Active in Reports: 03/25/2019 Last EDR Contact: 02/06/2019 Number of Days to Update: 47 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Quarterly INDIAN LUST R4: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Florida, Mississippi and North Carolina. Date of Government Version: 05/08/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 4 Telephone: 404-562-8677 Last EDR Contact: 03/05/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN LUST R10: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Alaska, Idaho, Oregon and Washington. Date of Government Version: 04/12/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies TC5624383.2s Page GR-6 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING INDIAN LUST R9: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Arizona, California, New Mexico and Nevada Date of Government Version: 04/10/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: Environmental Protection Agency Telephone: 415-972-3372 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN LUST R8: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming. Date of Government Version: 04/25/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 8 Telephone: 303-312-6271 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN LUST R1: Leaking Underground Storage Tanks on Indian Land A listing of leaking underground storage tank locations on Indian Land. Date of Government Version: 04/13/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 1 Telephone: 617-918-1313 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN LUST R5: Leaking Underground Storage Tanks on Indian Land Leaking underground storage tanks located on Indian Land in Michigan, Minnesota and Wisconsin. Date of Government Version: 04/12/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA, Region 5 Telephone: 312-886-7439 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN LUST R6: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in New Mexico and Oklahoma. Date of Government Version: 04/01/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 6 Telephone: 214-665-6597 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN LUST R7: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Iowa, Kansas, and Nebraska Date of Government Version: 04/24/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies LUST TRUST: State Trust Fund Database This database contains information about claims against the State Trust Funds for reimbursements for expenses incurred while remediating Leaking USTs. Date of Government Version: 01/04/2019 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 01/09/2019 Telephone: 919-733-1315 Date Made Active in Reports: 03/26/2019 Last EDR Contact: 04/10/2019 Number of Days to Update: 76 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Quarterly TC5624383.2s Page GR-7 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING State and tribal registered storage tank lists FEMA UST: Underground Storage Tank Listing A listing of all FEMA owned underground storage tanks. Date of Government Version: 05/15/2017 Date Data Arrived at EDR: 05/30/2017 Date Made Active in Reports: 10/13/2017 Number of Days to Update: 136 Source: FEMA Telephone: 202-646-5797 Last EDR Contact: 04/12/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Varies UST: Petroleum Underground Storage Tank Database Registered Underground Storage Tanks. UST's are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA) and must be registered with the state department responsible for administering the UST program. Available information varies by state program. Date of Government Version: 02/01/2019 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 02/06/2019 Telephone: 919-733-1308 Date Made Active in Reports: 03/25/2019 Last EDR Contact: 02/06/2019 Number of Days to Update: 47 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Quarterly AST: AST Database Facilities with aboveground storage tanks that have a capacity greater than 21,000 gallons. Date of Government Version: 10/03/2018 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 12/18/2018 Telephone: 919-715-6183 Date Made Active in Reports: 02/04/2019 Last EDR Contact: 03/18/2019 Number of Days to Update: 48 Next Scheduled EDR Contact: 07/01/2019 Data Release Frequency: Semi -Annually INDIAN UST R1: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont and ten Tribal Nations). Date of Government Version: 04/13/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA, Region 1 Telephone: 617-918-1313 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN UST R4: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee and Tribal Nations) Date of Government Version: 05/08/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 4 Telephone: 404-562-9424 Last EDR Contact: 03/05/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN UST R5: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 5 (Michigan, Minnesota and Wisconsin and Tribal Nations). Date of Government Version: 04/12/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 5 Telephone: 312-886-6136 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies TC5624383.2s Page GR-8 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING INDIAN UST R6: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 6 (Louisiana, Arkansas, Oklahoma, New Mexico, Texas and 65 Tribes). Date of Government Version: 04/01/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 6 Telephone: 214-665-7591 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN UST R10: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 10 (Alaska, Idaho, Oregon, Washington, and Tribal Nations). Date of Government Version: 04/12/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN UST R8: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming and 27 Tribal Nations). Date of Government Version: 04/25/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 8 Telephone: 303-312-6137 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN UST R7: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 7 (Iowa, Kansas, Missouri, Nebraska, and 9 Tribal Nations). Date of Government Version: 04/24/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN UST R9: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 9 (Arizona, California, Hawaii, Nevada, the Pacific Islands, and Tribal Nations). Date of Government Version: 04/10/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 9 Telephone: 415-972-3368 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies State and tribal institutional control / engineering control registries INST CONTROL: No Further Action Sites With Land Use Restrictions Monitoring A land use restricted site is a property where there are limits or requirements on future use of the property due to varying levels of cleanup possible, practical, or necessary at the site. Date of Government Version: 12/10/2018 Date Data Arrived at EDR: 12/12/2018 Date Made Active in Reports: 03/06/2019 Number of Days to Update: 84 Source: Department of Environment, Health and Natural Resources Telephone: 919-508-8400 Last EDR Contact: 03/13/2019 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Quarterly TC5624383.2s Page GR-9 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING State and tribal voluntary cleanup sites VCP: Responsible Party Voluntary Action Sites Responsible Party Voluntary Action site locations. Date of Government Version: 12/10/2018 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 12/12/2018 Telephone: 919-508-8400 Date Made Active in Reports: 02/05/2019 Last EDR Contact: 03/13/2019 Number of Days to Update: 55 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Quarterly INDIAN VCP R7: Voluntary Cleanup Priority Lisitng A listing of voluntary cleanup priority sites located on Indian Land located in Region 7. Date of Government Version: 03/20/2008 Date Data Arrived at EDR: 04/22/2008 Date Made Active in Reports: 05/19/2008 Number of Days to Update: 27 Source: EPA, Region 7 Telephone: 913-551-7365 Last EDR Contact: 04/20/2009 Next Scheduled EDR Contact: 07/20/2009 Data Release Frequency: Varies INDIAN VCP R1: Voluntary Cleanup Priority Listing A listing of voluntary cleanup priority sites located on Indian Land located in Region 1. Date of Government Version: 07/27/2015 Date Data Arrived at EDR: 09/29/2015 Date Made Active in Reports: 02/18/2016 Number of Days to Update: 142 State and tribal Brownfields sites Source: EPA, Region 1 Telephone: 617-918-1102 Last EDR Contact: 03/25/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Varies BROWNFIELDS: Brownfields Projects Inventory A brownfield site is an abandoned, idled, or underused property where the threat of environmental contamination has hindered its redevelopment. All of the sites in the inventory are working toward a brownfield agreement for cleanup and liabitliy control. Date of Government Version: 12/03/2018 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 01/03/2019 Telephone: 919-733-4996 Date Made Active in Reports: 02/05/2019 Last EDR Contact: 04/03/2019 Number of Days to Update: 33 Next Scheduled EDR Contact: 07/15/2019 Data Release Frequency: Quarterly ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS: A Listing of Brownfields Sites Brownfields are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Cleaning up and reinvesting in these properties takes development pressures off of undeveloped, open land, and both improves and protects the environment. Assessment, Cleanup and Redevelopment Exchange System (ACRES) stores information reported by EPA Brownfields grant recipients on brownfields properties assessed or cleaned up with grant funding as well as information on Targeted Brownfields Assessments performed by EPA Regions. A listing of ACRES Brownfield sites is obtained from Cleanups in My Community. Cleanups in My Community provides information on Brownfields properties for which information is reported back to EPA, as well as areas served by Brownfields grant programs. Date of Government Version: 12/17/2018 Date Data Arrived at EDR: 12/18/2018 Date Made Active in Reports: 01/11/2019 Number of Days to Update: 24 Source: Environmental Protection Agency Telephone: 202-566-2777 Last EDR Contact: 03/19/2019 Next Scheduled EDR Contact: 07/01/2019 Data Release Frequency: Semi -Annually TC5624383.2s Page GR-10 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Local Lists of Landfill / Solid Waste Disposal Sites SWRCY: Recycling Center Listing A listing of recycling center locations. Date of Government Version: 01/28/2019 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 01/29/2019 Telephone: 919-707-8137 Date Made Active in Reports: 03/26/2019 Last EDR Contact: 01/28/2019 Number of Days to Update: 56 Next Scheduled EDR Contact: 05/11/2019 Data Release Frequency: Varies HIST LF: Solid Waste Facility Listing A listing of solid waste facilities. Date of Government Version: 11/06/2006 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 02/13/2007 Telephone: 919-733-0692 Date Made Active in Reports: 03/02/2007 Last EDR Contact: 01/19/2009 Number of Days to Update: 17 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned INDIAN ODI: Report on the Status of Open Dumps on Indian Lands Location of open dumps on Indian land. Date of Government Version: 12/31/1998 Date Data Arrived at EDR: 12/03/2007 Date Made Active in Reports: 01/24/2008 Number of Days to Update: 52 Source: Environmental Protection Agency Telephone: 703-308-8245 Last EDR Contact: 01/29/2019 Next Scheduled EDR Contact: 05/13/2019 Data Release Frequency: Varies ODI: Open Dump Inventory An open dump is defined as a disposal facility that does not comply with one or more of the Part 257 or Part 258 Subtitle D Criteria. Date of Government Version: 06/30/1985 Source: Environmental Protection Agency Date Data Arrived at EDR: 08/09/2004 Telephone: 800-424-9346 Date Made Active in Reports: 09/17/2004 Last EDR Contact: 06/09/2004 Number of Days to Update: 39 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned DEBRIS REGION 9: Torres Martinez Reservation Illegal Dump Site Locations A listing of illegal dump sites location on the Torres Martinez Indian Reservation located in eastern Riverside County and northern Imperial County, California. Date of Government Version: 01/12/2009 Source: EPA, Region 9 Date Data Arrived at EDR: 05/07/2009 Telephone: 415-947-4219 Date Made Active in Reports: 09/21/2009 Last EDR Contact: 01/17/2019 Number of Days to Update: 137 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: No Update Planned IHS OPEN DUMPS: Open Dumps on Indian Land A listing of all open dumps located on Indian Land in the United States. Date of Government Version: 04/01/2014 Source: Department of Health & Human Serivices, Indian Health Service Date Data Arrived at EDR: 08/06/2014 Telephone: 301-443-1452 Date Made Active in Reports: 01/29/2015 Last EDR Contact: 02/01/2019 Number of Days to Update: 176 Next Scheduled EDR Contact: 05/13/2019 Data Release Frequency: Varies Local Lists of Hazardous waste / Contaminated Sites TC5624383.2s Page GR-11 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING US HIST CDL: National Clandestine Laboratory Register A listing of clandestine drug lab locations that have been removed from the DEAs National Clandestine Laboratory Register. Date of Government Version: 09/21/2018 Date Data Arrived at EDR: 09/21/2018 Date Made Active in Reports: 11/09/2018 Number of Days to Update: 49 Source: Drug Enforcement Administration Telephone: 202-307-1000 Last EDR Contact: 02/21/2019 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: No Update Planned US CDL: Clandestine Drug Labs A listing of clandestine drug lab locations. The U.S. Department of Justice ("the Department") provides this web site as a public service. It contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases, the source of the entries is not the Department, and the Department has not verified the entry and does not guarantee its accuracy. Members of the public must verify the accuracy of all entries by, for example, contacting local law enforcement and local health departments. Date of Government Version: 09/21/2018 Date Data Arrived at EDR: 09/21/2018 Date Made Active in Reports: 11/09/2018 Number of Days to Update: 49 Local Land Records Source: Drug Enforcement Administration Telephone: 202-307-1000 Last EDR Contact: 02/21/2019 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: Quarterly LIENS 2: CERCLA Lien Information A Federal CERCLA ('Superfund') lien can exist by operation of law at any site or property at which EPA has spent Superfund monies. These monies are spent to investigate and address releases and threatened releases of contamination. CERCLIS provides information as to the identity of these sites and properties. Date of Government Version: 03/11/2019 Date Data Arrived at EDR: 03/14/2019 Date Made Active in Reports: 03/21/2019 Number of Days to Update: 7 Records of Emergency Release Reports Source: Environmental Protection Agency Telephone: 202-564-6023 Last EDR Contact: 03/14/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Semi -Annually HMIRS: Hazardous Materials Information Reporting System Hazardous Materials Incident Report System. HMIRS contains hazardous material spill incidents reported to DOT. Date of Government Version: 02/08/2019 Date Data Arrived at EDR: 02/08/2019 Date Made Active in Reports: 03/21/2019 Number of Days to Update: 41 Source: U.S. Department of Transportation Telephone: 202-366-4555 Last EDR Contact: 03/26/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly SPILLS: Spills Incident Listing A listing spills, hazardous material releases, sanitary sewer overflows, wastewater treatment plant bypasses and upsets, citizen complaints, and any other environmental emergency calls reported to the agency. Date of Government Version: 12/12/2018 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 12/17/2018 Telephone: 919-807-6308 Date Made Active in Reports: 12/18/2018 Last EDR Contact: 04/08/2019 Number of Days to Update: 1 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Quarterly IMD: Incident Management Database Groundwater and/or soil contamination incidents TC5624383.2s Page GR-12 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 07/21/2006 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 08/01/2006 Telephone: 877-623-6748 Date Made Active in Reports: 08/23/2006 Last EDR Contact: 07/01/2011 Number of Days to Update: 22 Next Scheduled EDR Contact: 10/17/2011 Data Release Frequency: No Update Planned SPILLS 90: SPILLS90 data from FirstSearch Spills 90 includes those spill and release records available exclusively from FirstSearch databases. Typically, they may include chemical, oil and/or hazardous substance spills recorded after 1990. Duplicate records that are already included in EDR incident and release records are not included in Spills 90. Date of Government Version: 09/27/2012 Date Data Arrived at EDR: 01/03/2013 Date Made Active in Reports: 03/06/2013 Number of Days to Update: 62 Source: FirstSearch Telephone: N/A Last EDR Contact: 01/03/2013 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned SPILLS 80: SPILLS80 data from FirstSearch Spills 80 includes those spill and release records available from FirstSearch databases prior to 1990. Typically, they may include chemical, oil and/or hazardous substance spills recorded before 1990. Duplicate records that are already included in EDR incident and release records are not included in Spills 80. Date of Government Version: 06/14/2001 Date Data Arrived at EDR: 01/03/2013 Date Made Active in Reports: 03/06/2013 Number of Days to Update: 62 Other Ascertainable Records Source: FirstSearch Telephone: N/A Last EDR Contact: 01/03/2013 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned RCRA NonGen / NLR: RCRA - Non Generators / No Longer Regulated RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Non -Generators do not presently generate hazardous waste. Date of Government Version: 03/01/2018 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 03/27/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly FUDS: Formerly Used Defense Sites The listing includes locations of Formerly Used Defense Sites properties where the US Army Corps of Engineers is actively working or will take necessary cleanup actions. Date of Government Version: 01/31/2015 Date Data Arrived at EDR: 07/08/2015 Date Made Active in Reports: 10/13/2015 Number of Days to Update: 97 Source: U.S. Army Corps of Engineers Telephone: 202-528-4285 Last EDR Contact: 04/03/2019 Next Scheduled EDR Contact: 06/03/2019 Data Release Frequency: Varies DOD: Department of Defense Sites This data set consists of federally owned or administered lands, administered by the Department of Defense, that have any area equal to or greater than 640 acres of the United States, Puerto Rico, and the U.S. Virgin Islands. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 11/10/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 62 Source: USGS Telephone: 888-275-8747 Last EDR Contact: 04/12/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Semi -Annually TC5624383.2s Page GR-13 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING FEDLAND: Federal and Indian Lands Federally and Indian administrated lands of the United States. Lands included are administrated by: Army Corps of Engineers, Bureau of Reclamation, National Wild and Scenic River, National Wildlife Refuge, Public Domain Land, Wilderness, Wilderness Study Area, Wildlife Management Area, Bureau of Indian Affairs, Bureau of Land Management, Department of Justice, Forest Service, Fish and Wildlife Service, National Park Service. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 02/06/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 339 Source: U.S. Geological Survey Telephone: 888-275-8747 Last EDR Contact: 04/12/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: N/A SCRD DRYCLEANERS: State Coalition for Remediation of Drycleaners Listing The State Coalition for Remediation of Drycleaners was established in 1998, with support from the U.S. EPA Office of Superfund Remediation and Technology Innovation. It is comprised of representatives of states with established drycleaner remediation programs. Currently the member states are Alabama, Connecticut, Florida, Illinois, Kansas, Minnesota, Missouri, North Carolina, Oregon, South Carolina, Tennessee, Texas, and Wisconsin. Date of Government Version: 01/01/2017 Date Data Arrived at EDR: 02/03/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 63 Source: Environmental Protection Agency Telephone: 615-532-8599 Last EDR Contact: 02/15/2019 Next Scheduled EDR Contact: 05/27/2019 Data Release Frequency: Varies US FIN ASSUR: Financial Assurance Information All owners and operators of facilities that treat, store, or dispose of hazardous waste are required to provide proof that they will have sufficient funds to pay for the clean up, closure, and post -closure care of their facilities. Date of Government Version: 01/31/2019 Date Data Arrived at EDR: 02/04/2019 Date Made Active in Reports: 03/08/2019 Number of Days to Update: 32 Source: Environmental Protection Agency Telephone: 202-566-1917 Last EDR Contact: 03/26/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly EPA WATCH LIST: EPA WATCH LIST EPA maintains a "Watch List' to facilitate dialogue between EPA, state and local environmental agencies on enforcement matters relating to facilities with alleged violations identified as either significant or high priority. Being on the Watch List does not mean that the facility has actually violated the law only that an investigation by EPA or a state or local environmental agency has led those organizations to allege that an unproven violation has in fact occurred. Being on the Watch List does not represent a higher level of concern regarding the alleged violations that were detected, but instead indicates cases requiring additional dialogue between EPA, state and local agencies - primarily because of the length of time the alleged violation has gone unaddressed or unresolved. Date of Government Version: 08/30/2013 Date Data Arrived at EDR: 03/21/2014 Date Made Active in Reports: 06/17/2014 Number of Days to Update: 88 Source: Environmental Protection Agency Telephone: 617-520-3000 Last EDR Contact: 02/08/2019 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Quarterly 2020 COR ACTION: 2020 Corrective Action Program List The EPA has set ambitious goals for the RCRA Corrective Action program by creating the 2020 Corrective Action Universe. This RCRA cleanup baseline includes facilities expected to need corrective action. The 2020 universe contains a wide variety of sites. Some properties are heavily contaminated while others were contaminated but have since been cleaned up. Still others have not been fully investigated yet, and may require little or no remediation. Inclusion in the 2020 Universe does not necessarily imply failure on the part of a facility to meet its RCRA obligations. Date of Government Version: 09/30/2017 Date Data Arrived at EDR: 05/08/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 73 Source: Environmental Protection Agency Telephone: 703-308-4044 Last EDR Contact: 02/08/2019 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Varies TC5624383.2s Page GR-14 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING TSCA: Toxic Substances Control Act Toxic Substances Control Act. TSCA identifies manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant site. Date of Government Version: 12/31/2016 Date Data Arrived at EDR: 06/21/2017 Date Made Active in Reports: 01/05/2018 Number of Days to Update: 198 Source: EPA Telephone: 202-260-5521 Last EDR Contact: 03/22/2019 Next Scheduled EDR Contact: 07/01/2019 Data Release Frequency: Every 4 Years TRIS: Toxic Chemical Release Inventory System Toxic Release Inventory System. TRIS identifies facilities which release toxic chemicals to the air, water and land in reportable quantities under SARA Title III Section 313. Date of Government Version: 12/31/2016 Date Data Arrived at EDR: 01/10/2018 Date Made Active in Reports: 01/12/2018 Number of Days to Update: 2 Source: EPA Telephone: 202-566-0250 Last EDR Contact: 02/20/2019 Next Scheduled EDR Contact: 06/03/2019 Data Release Frequency: Annually SSTS: Section 7 Tracking Systems Section 7 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended (92 Stat. 829) requires all registered pesticide -producing establishments to submit a report to the Environmental Protection Agency by March 1st each year. Each establishment must report the types and amounts of pesticides, active ingredients and devices being produced, and those having been produced and sold or distributed in the past year. Date of Government Version: 12/31/2009 Date Data Arrived at EDR: 12/10/2010 Date Made Active in Reports: 02/25/2011 Number of Days to Update: 77 Source: EPA Telephone: 202-564-4203 Last EDR Contact: 03/25/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Annually ROD: Records Of Decision Record of Decision. ROD documents mandate a permanent remedy at an NPL (Superfund) site containing technical and health information to aid in the cleanup. Date of Government Version: 03/11/2019 Date Data Arrived at EDR: 03/14/2019 Date Made Active in Reports: 04/01/2019 Number of Days to Update: 18 RMP: Risk Management Plans Source: EPA Telephone: 703-416-0223 Last EDR Contact: 03/14/2019 Next Scheduled EDR Contact: 06/17/2019 Data Release Frequency: Annually TC5624383.2s Page GR-15 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING When Congress passed the Clean Air Act Amendments of 1990, it required EPA to publish regulations and guidance for chemical accident prevention at facilities using extremely hazardous substances. The Risk Management Program Rule (RMP Rule) was written to implement Section 112(r) of these amendments. The rule, which built upon existing industry codes and standards, requires companies of all sizes that use certain flammable and toxic substances to develop a Risk Management Program, which includes a(n): Hazard assessment that details the potential effects of an accidental release, an accident history of the last five years, and an evaluation of worst -case and alternative accidental releases; Prevention program that includes safety precautions and maintenance, monitoring, and employee training measures; and Emergency response program that spells out emergency health care, employee training measures and procedures for informing the public and response agencies (e.g the fire department) should an accident occur. Date of Government Version: 02/01/2019 Date Data Arrived at EDR: 02/14/2019 Date Made Active in Reports: 03/21/2019 Number of Days to Update: 35 Source: Environmental Protection Agency Telephone: 202-564-8600 Last EDR Contact: 01/22/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies RAATS: RCRA Administrative Action Tracking System RCRA Administration Action Tracking System. RAATS contains records based on enforcement actions issued under RCRA pertaining to major violators and includes administrative and civil actions brought by the EPA. For administration actions after September 30, 1995, data entry in the RAATS database was discontinued. EPA will retain a copy of the database for historical records. It was necessary to terminate RAATS because a decrease in agency resources made it impossible to continue to update the information contained in the database. Date of Government Version: 04/17/1995 Date Data Arrived at EDR: 07/03/1995 Date Made Active in Reports: 08/07/1995 Number of Days to Update: 35 Source: EPA Telephone: 202-564-4104 Last EDR Contact: 06/02/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: No Update Planned PRP: Potentially Responsible Parties A listing of verified Potentially Responsible Parties Date of Government Version: 08/13/2018 Date Data Arrived at EDR: 10/04/2018 Date Made Active in Reports: 11/09/2018 Number of Days to Update: 36 Source: EPA Telephone: 202-564-6023 Last EDR Contact: 03/14/2019 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Quarterly PADS: PCB Activity Database System PCB Activity Database. PADS Identifies generators, transporters, commercial storers and/or brokers and disposers of PCB's who are required to notify the EPA of such activities. Date of Government Version: 09/14/2018 Date Data Arrived at EDR: 10/11/2018 Date Made Active in Reports: 12/07/2018 Number of Days to Update: 57 Source: EPA Telephone: 202-566-0500 Last EDR Contact: 04/10/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Annually ICIS: Integrated Compliance Information System The Integrated Compliance Information System (ICIS) supports the information needs of the national enforcement and compliance program as well as the unique needs of the National Pollutant Discharge Elimination System (NPDES) program. Date of Government Version: 11/18/2016 Date Data Arrived at EDR: 11/23/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 79 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 04/08/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Quarterly TC5624383.2s Page GR-16 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING FTTS: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) FTTS tracks administrative cases and pesticide enforcement actions and compliance activities related to FIFRA, TSCA and EPCRA (Emergency Planning and Community Right -to -Know Act). To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 04/09/2009 Source: EPA/Office of Prevention, Pesticides and Toxic Substances Date Data Arrived at EDR: 04/16/2009 Telephone: 202-566-1667 Date Made Active in Reports: 05/11/2009 Last EDR Contact: 08/18/2017 Number of Days to Update: 25 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: Quarterly FTTS INSP: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) A listing of FIFRA/TSCA Tracking System (FTTS) inspections and enforcements. Date of Government Version: 04/09/2009 Date Data Arrived at EDR: 04/16/2009 Date Made Active in Reports: 05/11/2009 Number of Days to Update: 25 Source: EPA Telephone: 202-566-1667 Last EDR Contact: 08/18/2017 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: Quarterly MILTS: Material Licensing Tracking System MILTS is maintained by the Nuclear Regulatory Commission and contains a list of approximately 8,100 sites which possess or use radioactive materials and which are subject to NRC licensing requirements. To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 08/30/2016 Date Data Arrived at EDR: 09/08/2016 Date Made Active in Reports: 10/21/2016 Number of Days to Update: 43 Source: Nuclear Regulatory Commission Telephone: 301-415-7169 Last EDR Contact: 01/22/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Quarterly COAL ASH DOE: Steam -Electric Plant Operation Data A listing of power plants that store ash in surface ponds. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 08/07/2009 Date Made Active in Reports: 10/22/2009 Number of Days to Update: 76 Source: Department of Energy Telephone: 202-586-8719 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 06/17/2019 Data Release Frequency: Varies COAL ASH EPA: Coal Combustion Residues Surface Impoundments List A listing of coal combustion residues surface impoundments with high hazard potential ratings. Date of Government Version: 07/01/2014 Date Data Arrived at EDR: 09/10/2014 Date Made Active in Reports: 10/20/2014 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: N/A Last EDR Contact: 03/05/2019 Next Scheduled EDR Contact: 06/17/2019 Data Release Frequency: Varies PCB TRANSFORMER: PCB Transformer Registration Database The database of PCB transformer registrations that includes all PCB registration submittals. Date of Government Version: 05/24/2017 Date Data Arrived at EDR: 11/30/2017 Date Made Active in Reports: 12/15/2017 Number of Days to Update: 15 Source: Environmental Protection Agency Telephone: 202-566-0517 Last EDR Contact: 01/25/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies RADINFO: Radiation Information Database The Radiation Information Database (RADINFO) contains information about facilities that are regulated by U.S. Environmental Protection Agency (EPA) regulations for radiation and radioactivity. TC5624383.2s Page GR-17 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 01/02/2019 Date Data Arrived at EDR: 01/03/2019 Date Made Active in Reports: 03/15/2019 Number of Days to Update: 71 Source: Environmental Protection Agency Telephone: 202-343-9775 Last EDR Contact: 04/02/2019 Next Scheduled EDR Contact: 07/15/2019 Data Release Frequency: Quarterly HIST FTTS: FIFRA/TSCA Tracking System Administrative Case Listing A complete administrative case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated. Date of Government Version: 10/19/2006 Date Data Arrived at EDR: 03/01/2007 Date Made Active in Reports: 04/10/2007 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 12/17/2007 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned HIST FTTS INSP: FIFRA/TSCA Tracking System Inspection & Enforcement Case Listing A complete inspection and enforcement case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated. Date of Government Version: 10/19/2006 Date Data Arrived at EDR: 03/01/2007 Date Made Active in Reports: 04/10/2007 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 12/17/2008 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned DOT OPS: Incident and Accident Data Department of Transporation, Office of Pipeline Safety Incident and Accident data. Date of Government Version: 12/03/2018 Source: Department of Transporation, Office of Pipeline Safety Date Data Arrived at EDR: 01/29/2019 Telephone: 202-366-4595 Date Made Active in Reports: 03/21/2019 Last EDR Contact: 01/29/2019 Number of Days to Update: 51 Next Scheduled EDR Contact: 05/11/2019 Data Release Frequency: Quarterly CONSENT: Superfund (CERCLA) Consent Decrees Major legal settlements that establish responsibility and standards for cleanup at NPL (Superfund) sites. Released periodically by United States District Courts after settlement by parties to litigation matters. Date of Government Version: 12/31/2018 Source: Department of Justice, Consent Decree Library Date Data Arrived at EDR: 02/11/2019 Telephone: Varies Date Made Active in Reports: 03/21/2019 Last EDR Contact: 04/05/2019 Number of Days to Update: 38 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Varies BRS: Biennial Reporting System The Biennial Reporting System is a national system administered by the EPA that collects data on the generation and management of hazardous waste. BRS captures detailed data from two groups: Large Quantity Generators (LQG) and Treatment, Storage, and Disposal Facilities. Date of Government Version: 12/31/2015 Date Data Arrived at EDR: 02/22/2017 Date Made Active in Reports: 09/28/2017 Number of Days to Update: 218 Source: EPA/NTIS Telephone: 800-424-9346 Last EDR Contact: 02/13/2019 Next Scheduled EDR Contact: 06/03/2019 Data Release Frequency: Biennially TC5624383.2s Page GR-18 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING INDIAN RESERV: Indian Reservations This map layer portrays Indian administered lands of the United States that have any area equal to or greater than 640 acres. Date of Government Version: 12/31/2014 Date Data Arrived at EDR: 07/14/2015 Date Made Active in Reports: 01/10/2017 Number of Days to Update: 546 Source: USGS Telephone: 202-208-3710 Last EDR Contact: 04/11/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Semi -Annually FUSRAP: Formerly Utilized Sites Remedial Action Program DOE established the Formerly Utilized Sites Remedial Action Program (FUSRAP) in 1974 to remediate sites where radioactive contamination remained from Manhattan Project and early U.S. Atomic Energy Commission (AEC) operations. Date of Government Version: 08/08/2017 Date Data Arrived at EDR: 09/11/2018 Date Made Active in Reports: 09/14/2018 Number of Days to Update: 3 Source: Department of Energy Telephone: 202-586-3559 Last EDR Contact: 01/31/2019 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Varies UMTRA: Uranium Mill Tailings Sites Uranium ore was mined by private companies for federal government use in national defense programs. When the mills shut down, large piles of the sand -like material (mill tailings) remain after uranium has been extracted from the ore. Levels of human exposure to radioactive materials from the piles are low; however, in some cases tailings were used as construction materials before the potential health hazards of the tailings were recognized. Date of Government Version: 06/23/2017 Date Data Arrived at EDR: 10/11/2017 Date Made Active in Reports: 11/03/2017 Number of Days to Update: 23 LEAD SMELTER 1: Lead Smelter Sites A listing of former lead smelter site locations. Date of Government Version: 03/11/2019 Date Data Arrived at EDR: 03/14/2019 Date Made Active in Reports: 03/21/2019 Number of Days to Update: 7 Source: Department of Energy Telephone: 505-845-0011 Last EDR Contact: 02/22/2019 Next Scheduled EDR Contact: 06/03/2019 Data Release Frequency: Varies Source: Environmental Protection Agency Telephone: 703-603-8787 Last EDR Contact: 04/05/2019 Next Scheduled EDR Contact: 07/15/2019 Data Release Frequency: Varies LEAD SMELTER 2: Lead Smelter Sites A list of several hundred sites in the U.S. where secondary lead smelting was done from 1931and 1964. These sites may pose a threat to public health through ingestion or inhalation of contaminated soil or dust Date of Government Version: 04/05/2001 Date Data Arrived at EDR: 10/27/2010 Date Made Active in Reports: 12/02/2010 Number of Days to Update: 36 Source: American Journal of Public Health Telephone: 703-305-6451 Last EDR Contact: 12/02/2009 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned US AIRS (AFS): Aerometric Information Retrieval System Facility Subsystem (AFS) The database is a sub -system of Aerometric Information Retrieval System (AIRS). AFS contains compliance data on air pollution point sources regulated by the U.S. EPA and/or state and local air regulatory agencies. This information comes from source reports by various stationary sources of air pollution, such as electric power plants, steel mills, factories, and universities, and provides information about the air pollutants they produce. Action, air program, air program pollutant, and general level plant data. It is used to track emissions and compliance data from industrial plants. TC5624383.2s Page GR-19 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 10/12/2016 Date Data Arrived at EDR: 10/26/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 100 US AIRS MINOR: Air Facility System Data A listing of minor source facilities. Date of Government Version: 10/12/2016 Date Data Arrived at EDR: 10/26/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 100 Source: EPA Telephone: 202-564-2496 Last EDR Contact: 09/26/2017 Next Scheduled EDR Contact: 01/08/2018 Data Release Frequency: Annually Source: EPA Telephone: 202-564-2496 Last EDR Contact: 09/26/2017 Next Scheduled EDR Contact: 01/08/2018 Data Release Frequency: Annually US MINES: Mines Master Index File Contains all mine identification numbers issued for mines active or opened since 1971. The data also includes violation information. Date of Government Version: 11/27/2018 Source: Department of Labor, Mine Safety and Health Administration Date Data Arrived at EDR: 02/27/2019 Telephone: 303-231-5959 Date Made Active in Reports: 04/01/2019 Last EDR Contact: 02/27/2019 Number of Days to Update: 33 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: Semi -Annually US MINES 2: Ferrous and Nonferrous Metal Mines Database Listing This map layer includes ferrous (ferrous metal mines are facilities that extract ferrous metals, such as iron ore or molybdenum) and nonferrous (Nonferrous metal mines are facilities that extract nonferrous metals, such as gold, silver, copper, zinc, and lead) metal mines in the United States. Date of Government Version: 12/05/2005 Date Data Arrived at EDR: 02/29/2008 Date Made Active in Reports: 04/18/2008 Number of Days to Update: 49 Source: USGS Telephone: 703-648-7709 Last EDR Contact: 03/01/2019 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: Varies US MINES 3: Active Mines & Mineral Plants Database Listing Active Mines and Mineral Processing Plant operations for commodities monitored by the Minerals Information Team of the USGS. Date of Government Version: 04/14/2011 Date Data Arrived at EDR: 06/08/2011 Date Made Active in Reports: 09/13/2011 Number of Days to Update: 97 Source: USGS Telephone: 703-648-7709 Last EDR Contact: 03/01/2019 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: Varies ABANDONED MINES: Abandoned Mines An inventory of land and water impacted by past mining (primarily coal mining) is maintained by OSMRE to provide information needed to implement the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The inventory contains information on the location, type, and extent of AML impacts, as well as, information on the cost associated with the reclamation of those problems. The inventory is based upon field surveys by State, Tribal, and OSMRE program officials. It is dynamic to the extent that it is modified as new problems are identified and existing problems are reclaimed. Date of Government Version: 09/10/2018 Date Data Arrived at EDR: 09/11/2018 Date Made Active in Reports: 09/14/2018 Number of Days to Update: 3 Source: Department of Interior Telephone: 202-208-2609 Last EDR Contact: 03/21/2019 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Quarterly TC5624383.2s Page GR-20 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING FINDS: Facility Index System/Facility Registry System Facility Index System. FINDS contains both facility information and 'pointers' to other sources that contain more detail. EDR includes the following FINDS databases in this report: PCS (Permit Compliance System), AIRS (Aerometric Information Retrieval System), DOCKET (Enforcement Docket used to manage and track information on civil judicial enforcement cases for all environmental statutes), FURS (Federal Underground Injection Control), C-DOCKET (Criminal Docket System used to track criminal enforcement actions for all environmental statutes), FFIS (Federal Facilities Information System), STATE (State Environmental Laws and Statutes), and PADS (PCB Activity Data System). Date of Government Version: 02/15/2019 Date Data Arrived at EDR: 03/05/2019 Date Made Active in Reports: 03/15/2019 Number of Days to Update: 10 Source: EPA Telephone: (404) 562-9900 Last EDR Contact: 03/05/2019 Next Scheduled EDR Contact: 06/17/2019 Data Release Frequency: Quarterly ECHO: Enforcement & Compliance History Information ECHO provides integrated compliance and enforcement information for about 800,000 regulated facilities nationwide. Date of Government Version: 03/03/2019 Date Data Arrived at EDR: 03/05/2019 Date Made Active in Reports: 04/01/2019 Number of Days to Update: 27 UXO: Unexploded Ordnance Sites A listing of unexploded ordnance site locations Date of Government Version: 12/31/2017 Date Data Arrived at EDR: 01/17/2019 Date Made Active in Reports: 04/01/2019 Number of Days to Update: 74 Source: Environmental Protection Agency Telephone: 202-564-2280 Last EDR Contact: 04/09/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Quarterly Source: Department of Defense Telephone: 703-704-1564 Last EDR Contact: 04/15/2019 Next Scheduled EDR Contact: 07/29/2019 Data Release Frequency: Varies DOCKET HWC: Hazardous Waste Compliance Docket Listing A complete list of the Federal Agency Hazardous Waste Compliance Docket Facilities. Date of Government Version: 05/31/2018 Date Data Arrived at EDR: 07/26/2018 Date Made Active in Reports: 10/05/2018 Number of Days to Update: 71 Source: Environmental Protection Agency Telephone: 202-564-0527 Last EDR Contact: 03/01/2019 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: Varies FUELS PROGRAM: EPA Fuels Program Registered Listing This listing includes facilities that are registered under the Part 80 (Code of Federal Regulations) EPA Fuels Programs. All companies now are required to submit new and updated registrations. Date of Government Version: 02/19/2019 Date Data Arrived at EDR: 02/21/2019 Date Made Active in Reports: 04/01/2019 Number of Days to Update: 39 AIRS: Air Quality Permit Listing A listing of facilities with air quality permits. Date of Government Version: 12/10/2018 Date Data Arrived at EDR: 12/12/2018 Date Made Active in Reports: 02/04/2019 Number of Days to Update: 54 Source: EPA Telephone: 800-385-6164 Last EDR Contact: 02/21/2019 Next Scheduled EDR Contact: 06/03/2019 Data Release Frequency: Quarterly Source: Department of Environmental Quality Telephone: 919-707-8726 Last EDR Contact: 03/13/2019 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Varies TC5624383.2s Page GR-21 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING ASBESTOS: ASBESTOS Asbestos notification sites Date of Government Version: 01/31/2019 Source: Department of Health & Human Services Date Data Arrived at EDR: 02/08/2019 Telephone: 919-707-5973 Date Made Active in Reports: 03/25/2019 Last EDR Contact: 02/04/2019 Number of Days to Update: 45 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies COAL ASH: Coal Ash Disposal Sites A listing of coal combustion products distribution permits issued by the Division for the treatment, storage, transportation, use and disposal of coal combustion products. Date of Government Version: 09/06/2018 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 09/19/2018 Telephone: 919-807-6359 Date Made Active in Reports: 10/15/2018 Last EDR Contact: 02/25/2019 Number of Days to Update: 26 Next Scheduled EDR Contact: 05/13/2019 Data Release Frequency: Varies DRYCLEANERS: Drycleaning Sites Potential and known drycleaning sites, active and abandoned, that the Drycleaning Solvent Cleanup Program has knowledge of and entered into this database. Date of Government Version: 04/23/2018 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 06/20/2018 Telephone: 919-508-8400 Date Made Active in Reports: 07/25/2018 Last EDR Contact: 03/20/2019 Number of Days to Update: 35 Next Scheduled EDR Contact: 07/01/2019 Data Release Frequency: Varies Financial Assurance 1: Financial Assurance Information Listing A listing of financial assurance information for underground storage tank facilities. Financial assurance is intended to ensure that resources are available to pay for the cost of closure, post -closure care, and corrective measures if the owner or operator of a regulated facility is unable or unwilling to pay. Date of Government Version: 11/02/2018 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 11/07/2018 Telephone: 919-733-1322 Date Made Active in Reports: 11/19/2018 Last EDR Contact: 02/06/2019 Number of Days to Update: 12 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Quarterly Financial Assurance 2: Financial Assurance Information Listing Information for solid waste facilities. Financial assurance is intended to ensure that resources are available to pay for the cost of closure, post -closure care, and corrective measures if the owner or operator of a regulated facility is unable or unwilling to pay. Date of Government Version: 10/02/2012 Source: Department of Environmental & Natural Resources Date Data Arrived at EDR: 10/03/2012 Telephone: 919-508-8496 Date Made Active in Reports: 10/26/2012 Last EDR Contact: 03/25/2019 Number of Days to Update: 23 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Varies Financial Assurance 3: Financial Assurance Information Hazardous waste financial assurance information. Date of Government Version: 06/11/2018 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 06/12/2018 Telephone: 919-707-8222 Date Made Active in Reports: 07/25/2018 Last EDR Contact: 03/11/2019 Number of Days to Update: 43 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Varies TC5624383.2s Page GR-22 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING NPDES: NPDES Facility Location Listing General information regarding NPDES(National Pollutant Discharge Elimination System) permits. Date of Government Version: 01/03/2019 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 01/30/2019 Telephone: 919-733-7015 Date Made Active in Reports: 03/27/2019 Last EDR Contact: 01/30/2019 Number of Days to Update: 56 Next Scheduled EDR Contact: 05/11/2019 Data Release Frequency: Varies UIC: Underground Injection Wells Listing A listing of uncerground injection wells locations. Date of Government Version: 12/07/2018 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 12/11/2018 Telephone: 919-807-6412 Date Made Active in Reports: 02/05/2019 Last EDR Contact: 03/04/2019 Number of Days to Update: 56 Next Scheduled EDR Contact: 06/17/2019 Data Release Frequency: Quarterly SEPT HAULERS: Permitted Septage Haulers Listing This list of all active and permitted Septage Land Application Site (SLAS) and Septage Detention and Treatment Facility (SDTF) sites in North Carolina. The purpose of this map is to provide the public and government entities a visual overview of the businesses that manage septage and septage facilities throughout the state. Date of Government Version: 07/23/2018 Date Data Arrived at EDR: 10/19/2018 Date Made Active in Reports: 01/04/2019 Number of Days to Update: 77 Source: Department of Environmental Quality Telephone: 919-707-8248 Last EDR Contact: 04/12/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Varies CCB: Coal Ash Structural Fills (CCB) Listing These are not permitted Coal Ash landfills A list all of the now closed Coal Ash Structural Fills (CCB) in North Carolina, in point data form. The purpose is to provide the public and other government entities a visual overview of coal ash structural fills throughout the state and increase public awareness of their current locations. Date of Government Version: 09/06/2018 Date Data Arrived at EDR: 01/09/2019 Date Made Active in Reports: 03/25/2019 Number of Days to Update: 75 Source: Department of Environmental Quality Telephone: 919-707-8248 Last EDR Contact: 04/22/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Varies AOP: Animal Operation Permits Listing This listing includes animal operations that are required to be permitted by the state. Date of Government Version: 01/26/2018 Date Data Arrived at EDR: 03/09/2018 Date Made Active in Reports: 06/07/2018 Number of Days to Update: 90 Source: Department of Environmental Quality Telephone: 919-707-9129 Last EDR Contact: 03/15/2019 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Varies PCSRP: Petroleum -Contaminated Soil Remediation Permits To treat petroleum -contaminated soil in order to protect North Carolinaa??s environment and the health of the citizens of North Carolina. Date of Government Version: 01/08/2019 Date Data Arrived at EDR: 01/09/2019 Date Made Active in Reports: 03/26/2019 Number of Days to Update: 76 Source: Department of Environmental Quality Telephone: 919-707-8248 Last EDR Contact: 04/12/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Varies TC5624383.2s Page GR-23 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP: EDR Proprietary Manufactured Gas Plants The EDR Proprietary Manufactured Gas Plant Database includes records of coal gas plants (manufactured gas plants) compiled by EDR's researchers. Manufactured gas sites were used in the United States from the 1800's to 1950's to produce a gas that could be distributed and used as fuel. These plants used whale oil, rosin, coal, or a mixture of coal, oil, and water that also produced a significant amount of waste. Many of the byproducts of the gas production, such as coal tar (oily waste containing volatile and non-volatile chemicals), sludges, oils and other compounds are potentially hazardous to human health and the environment. The byproduct from this process was frequently disposed of directly at the plant site and can remain or spread slowly, serving as a continuous source of soil and groundwater contamination. Date of Government Version: N/A Source: EDR, Inc. Date Data Arrived at EDR: N/A Telephone: N/A Date Made Active in Reports: N/A Last EDR Contact: N/A Number of Days to Update: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned EDR Hist Auto: EDR Exclusive Historical Auto Stations EDR has searched selected national collections of business directories and has collected listings of potential gas station/filling station/service station sites that were available to EDR researchers. EDR's review was limited to those categories of sources that might, in EDR's opinion, include gas station/filling station/service station establishments. The categories reviewed included, but were not limited to gas, gas station, gasoline station, filling station, auto, automobile repair, auto service station, service station, etc. This database falls within a category of information EDR classifies as "High Risk Historical Records", or HRHR. EDR's HRHR effort presents unique and sometimes proprietary data about past sites and operations that typically create environmental concerns, but may not show up in current government records searches. Date of Government Version: N/A Date Data Arrived at EDR: N/A Date Made Active in Reports: N/A Number of Days to Update: N/A Source: EDR, Inc. Telephone: N/A Last EDR Contact: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: Varies EDR Hist Cleaner: EDR Exclusive Historical Cleaners EDR has searched selected national collections of business directories and has collected listings of potential dry cleaner sites that were available to EDR researchers. EDR's review was limited to those categories of sources that might, in EDR's opinion, include dry cleaning establishments. The categories reviewed included, but were not limited to dry cleaners, cleaners, laundry, laundromat, cleaning/laundry, wash & dry etc. This database falls within a category of information EDR classifies as "High Risk Historical Records", or HRHR. EDR's HRHR effort presents unique and sometimes proprietary data about past sites and operations that typically create environmental concerns, but may not show up in current government records searches. Date of Government Version: N/A Source: EDR, Inc. Date Data Arrived at EDR: N/A Telephone: N/A Date Made Active in Reports: N/A Last EDR Contact: N/A Number of Days to Update: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: Varies EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS: Recovered Government Archive State Hazardous Waste Facilities List The EDR Recovered Government Archive State Hazardous Waste database provides a list of SHWS incidents derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina. TC5624383.2s Page GR-24 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: N/A Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 07/01/2013 Telephone: N/A Date Made Active in Reports: 12/24/2013 Last EDR Contact: 06/01/2012 Number of Days to Update: 176 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies RGA LF: Recovered Government Archive Solid Waste Facilities List The EDR Recovered Government Archive Landfill database provides a list of landfills derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina. Date of Government Version: N/A Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 07/01/2013 Telephone: N/A Date Made Active in Reports: 01/13/2014 Last EDR Contact: 06/01/2012 Number of Days to Update: 196 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies RGA LUST: Recovered Government Archive Leaking Underground Storage Tank The EDR Recovered Government Archive Leaking Underground Storage Tank database provides a list of LUST incidents derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina. Date of Government Version: N/A Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 07/01/2013 Telephone: N/A Date Made Active in Reports: 12/20/2013 Last EDR Contact: 06/01/2012 Number of Days to Update: 172 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies OTHER DATABASE(S) Depending on the geographic area covered by this report, the data provided in these specialty databases may or may not be complete. For example, the existence of wetlands information data in a specific report does not mean that all wetlands in the area covered by the report are included. Moreover, the absence of any reported wetlands information does not necessarily mean that wetlands do not exist in the area covered by the report. CT MANIFEST: Hazardous Waste Manifest Data Facility and manifest data. Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a tsd facility. Date of Government Version: 02/11/2019 Source: Department of Energy & Environmental Protection Date Data Arrived at EDR: 02/12/2019 Telephone: 860-424-3375 Date Made Active in Reports: 03/04/2019 Last EDR Contact: 02/12/2019 Number of Days to Update: 20 Next Scheduled EDR Contact: 05/27/2019 Data Release Frequency: No Update Planned NJ MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2017 Source: Department of Environmental Protection Date Data Arrived at EDR: 07/13/2018 Telephone: N/A Date Made Active in Reports: 08/01/2018 Last EDR Contact: 04/10/2019 Number of Days to Update: 19 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Annually NY MANIFEST: Facility and Manifest Data Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a TSD facility. TC5624383.2s Page GR-25 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 01/01/2019 Source: Department of Environmental Conservation Date Data Arrived at EDR: 01/30/2019 Telephone: 518-402-8651 Date Made Active in Reports: 02/14/2019 Last EDR Contact: 01/30/2019 Number of Days to Update: 15 Next Scheduled EDR Contact: 05/11/2019 Data Release Frequency: Quarterly PA MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2017 Source: Department of Environmental Protection Date Data Arrived at EDR: 10/23/2018 Telephone: 717-783-8990 Date Made Active in Reports: 11/27/2018 Last EDR Contact: 04/15/2019 Number of Days to Update: 35 Next Scheduled EDR Contact: 07/29/2019 Data Release Frequency: Annually RI MANIFEST: Manifest information Hazardous waste manifest information Date of Government Version: 12/31/2017 Source: Department of Environmental Management Date Data Arrived at EDR: 02/23/2018 Telephone: 401-222-2797 Date Made Active in Reports: 04/09/2018 Last EDR Contact: 02/19/2019 Number of Days to Update: 45 Next Scheduled EDR Contact: 06/03/2019 Data Release Frequency: Annually WI MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2017 Date Data Arrived at EDR: 06/15/2018 Date Made Active in Reports: 07/09/2018 Number of Days to Update: 24 Source: Department of Natural Resources Telephone: N/A Last EDR Contact: 03/11/2019 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Annually Oil/Gas Pipelines Source: PennWell Corporation Petroleum Bundle (Crude Oil, Refined Products, Petrochemicals, Gas Liquids (LPG/NGL), and Specialty Gases (Miscellaneous)) N = Natural Gas Bundle (Natural Gas, Gas Liquids (LPG/NGL), and Specialty Gases (Miscellaneous)). This map includes information copyrighted by PennWell Corporation. This information is provided on a best effort basis and PennWell Corporation does not guarantee its accuracy nor warrant its fitness for any particular purpose. Such information has been reprinted with the permission of PennWell. Electric Power Transmission Line Data Source: PennWell Corporation This map includes information copyrighted by PennWell Corporation. This information is provided on a best effort basis and PennWell Corporation does not guarantee its accuracy nor warrant its fitness for any particular purpose. Such information has been reprinted with the permission of PennWell. Sensitive Receptors: There are individuals deemed sensitive receptors due to their fragile immune systems and special sensitivity to environmental discharges. These sensitive receptors typically include the elderly, the sick, and children. While the location of all sensitive receptors cannot be determined, EDR indicates those buildings and facilities - schools, daycares, hospitals, medical centers, and nursing homes - where individuals who are sensitive receptors are likely to be located. AHA Hospitals: Source: American Hospital Association, Inc. Telephone: 312-280-5991 The database includes a listing of hospitals based on the American Hospital Association's annual survey of hospitals. Medical Centers: Provider of Services Listing Source: Centers for Medicare & Medicaid Services Telephone: 410-786-3000 A listing of hospitals with Medicare provider number, produced by Centers of Medicare & Medicaid Services, a federal agency within the U.S. Department of Health and Human Services. Nursing Homes Source: National Institutes of Health Telephone: 301-594-6248 Information on Medicare and Medicaid certified nursing homes in the United States. TC5624383.2s Page GR-26 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Public Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics' primary database on elementary and secondary public education in the United States. It is a comprehensive, annual, national statistical database of all public elementary and secondary schools and school districts, which contains data that are comparable across all states. Private Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics' primary database on private school locations in the United States. Daycare Centers: Child Care Facility List Source: Department of Health & Human Services Telephone: 919-662-4499 Flood Zone Data: This data was obtained from the Federal Emergency Management Agency (FEMA). It depicts 100-year and 500-year flood zones as defined by FEMA. It includes the National Flood Hazard Layer (NFHL) which incorporates Flood Insurance Rate Map (FIRM) data and Q3 data from FEMA in areas not covered by NFHL. Source: FEMA Telephone: 877-336-2627 Date of Government Version: 2003, 2015 NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002, 2005 and 2010 from the U.S. Fish and Wildlife Service. State Wetlands Data: Wetland Inventory Source: US Fish & Wildlife Service Telephone: 703-358-2171 Current USGS 7.5 Minute Topographic Map Source: U.S. Geological Survey STREET AND ADDRESS INFORMATION © 2015 TomTom North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material. TC5624383.2s Page GR-27 GEOCHECK®- PHYSICAL SETTING SOURCE ADDENDUM TARGET PROPERTY ADDRESS GREENVILLE UTILITY 2242 SUNNY SIDE ROAD GREENVILLE, NC 27834 Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: USGS TOPOGRAPHIC MAP Target Property Map: Version Date: 35.603261 - 35' 36' 11.74" 77.294681 - 77' 17' 40.85" Zone 18 292132.0 3942170.5 12 ft. above sea level 5944944 GREENVILLE SE, NC 2013 EDR's GeoCheck Physical Setting Source Addendum is provided to assist the environmental professional in forming an opinion about the impact of potential contaminant migration. Assessment of the impact of contaminant migration generally has two principle investigative components: 1. Groundwater flow direction, and 2. Groundwater flow velocity. Groundwater flow direction may be impacted by surface topography, hydrology, hydrogeology, characteristics of the soil, and nearby wells. Groundwater flow velocity is generally impacted by the nature of the geologic strata. TC5624383.2s Page A-1 GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY GROUNDWATER FLOW DIRECTION INFORMATION Groundwater flow direction for a particular site is best determined by a qualified environmental professional using site -specific well data. If such data is not reasonably ascertainable, it may be necessary to rely on other sources of information, such as surface topographic information, hydrologic information, hydrogeologic data collected on nearby properties, and regional groundwater flow information (from deep aquifers). TOPOGRAPHIC INFORMATION Surface topography may be indicative of the direction of surficial groundwater flow. This information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted. TARGET PROPERTY TOPOGRAPHY General Topographic Gradient: General SSE SURROUNDING TOPOGRAPHY: ELEVATION PROFILES North I South TIP 0 A West TIP Target Property Elevation: 12 ft. East 1/2 1 Miles Source: Topography has been determined from the USGS 7.5' Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. TC5624383.2s Page A-2 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY HYDROLOGIC INFORMATION Surface water can act as a hydrologic barrier to groundwater flow. Such hydrologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted. Refer to the Physical Setting Source Map following this summary for hydrologic information (major waterways and bodies of water). FEMA FLOOD ZONE Flood Plain Panel at Target Property 3720560700J Additional Panels in search area: 3720560800K 3720561700J NATIONAL WETLAND INVENTORY NWI Quad at Target Property GREENVILLE SE HYDROGEOLOGIC INFORMATION FEMA Source Type FEMA FIRM Flood data FEMA Source Type FEMA FIRM Flood data FEMA FIRM Flood data NWI Electronic Data Coverage YES - refer to the Overview Map and Detail Map Hydrogeologic information obtained by installation of wells on a specific site can often be an indicator of groundwater flow direction in the immediate area. Such hydrogeologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted. AQUIFLOW® Search Radius: 1.000 Mile. EDR has developed the AQUIFLOW Information System to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted by environmental professionals to regulatory authorities at select sites and has extracted the date of the report, groundwater flow direction as determined hydrogeologically, and the depth to water table. LOCATION GENERAL DIRECTION MAP ID FROM TP GROUNDWATER FLOW Not Reported TC5624383.2s Page A-3 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY GROUNDWATER FLOW VELOCITY INFORMATION Groundwater flow velocity information for a particular site is best determined by a qualified environmental professional using site specific geologic and soil strata data. If such data are not reasonably ascertainable, it may be necessary to rely on other sources of information, including geologic age identification, rock stratigraphic unit and soil characteristics data collected on nearby properties and regional soil information. In general, contaminant plumes move more quickly through sandy -gravelly types of soils than silty -clayey types of soils. GEOLOGIC INFORMATION IN GENERAL AREA OF TARGET PROPERTY Geologic information can be used by the environmental professional in forming an opinion about the relative speed at which contaminant migration may be occurring. ROCK STRATIGRAPHIC UNIT GEOLOGIC AGE IDENTIFICATION Era: Mesozoic Category: Stratified Sequence System: Cretaceous Series: Navarro Group Code: uK4 (decoded above as Era, System & Series) Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology of the Conterminous U.S. at 1:2,500,000 Scale - a digital representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS - 11 (1994). DOMINANT SOIL COMPOSITION IN GENERAL AREA OF TARGET PROPERTY The U.S. Department of Agriculture's (USDA) Soil Conservation Service (SCS) leads the National Cooperative Soil Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns in a landscape. Soil maps for STATSGO are compiled by generalizing more detailed (SSURGO) soil survey maps. The following information is based on Soil Conservation Service STATSGO data. Soil Component Name: ALPIN Soil Surface Texture: fine sand Hydrologic Group: Class A - High infiltration rates. Soils are deep, well drained to excessively drained sands and gravels. Soil Drainage Class: Excessively. Soils have very high and high hydraulic conductivity and low water holding capacity. Depth to water table is more than 6 feet. Hydric Status: Soil does not meet the requirements for a hydric soil. Corrosion Potential - Uncoated Steel: LOW Depth to Bedrock Min: > 60 inches Depth to Bedrock Max: > 60 inches TC5624383.2s Page A-4 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY Soil Layer Information Boundary Classification Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil Permeability Soil Reaction Rate (in/hr) (pH) 1 0 inches 3 inches fine sand Granular COARSE -GRAINED Max: 6.00 Max: 6.50 materials (35 SOILS, Sands, Min: 2.00 Min: 4.50 pct. or less Clean Sands, passing No. Poorly graded 200), Fine sand. Sand. COARSE -GRAINED SOILS, Sands, Sands with fines, Silty Sand. 2 3 inches 54 inches fine sand Granular COARSE -GRAINED Max: 20.00 Max: 6.50 materials (35 SOILS, Sands, Min: 6.00 Min: 4.50 pct. or less Clean Sands, passing No. Poorly graded 200), Fine sand. Sand. COARSE -GRAINED SOILS, Sands, Sands with fines, Silty Sand. 3 54 inches 99 inches fine sand Granular COARSE -GRAINED Max: 6.00 Max: 6.50 materials (35 SOILS, Sands, Min: 2.00 Min: 4.50 pct. or less Clean Sands, passing No. Poorly graded 200), Silty, or sand. Clayey Gravel COARSE -GRAINED and Sand. SOILS, Sands, Sands with fines, Silty Sand. OTHER SOIL TYPES IN AREA Based on Soil Conservation Service STATSGO data, the following additional subordinant soil types may appear within the general area of target property. Soil Surface Textures: loamy fine sand loam fine sandy loam loamy sand Surficial Soil Types: loamy fine sand loam fine sandy loam loamy sand Shallow Soil Types: loam sandy loam Deeper Soil Types: sand sandy loam stratified loamy sand sandy clay loam TC5624383.2s Page A-5 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY LOCAL / REGIONAL WATER AGENCY RECORDS EDR Local/Regional Water Agency records provide water well information to assist the environmental professional in assessing sources that may impact ground water flow direction, and in forming an opinion about the impact of contaminant migration on nearby drinking water wells. WELL SEARCH DISTANCE INFORMATION DATABASE SEARCH DISTANCE (miles) Federal USGS 1.000 Federal FRDS PWS Nearest PWS within 1 mile State Database 1.000 FEDERAL USGS WELL INFORMATION LOCATION MAP ID WELL ID FROM TP No Wells Found FEDERAL FRDS PUBLIC WATER SUPPLY SYSTEM INFORMATION LOCATION MAP ID WELL ID FROM TP No PWS System Found Note: PWS System location is not always the same as well location. STATE DATABASE WELL INFORMATION LOCATION MAP ID WELL ID FROM TP No Wells Found OTHER STATE DATABASE INFORMATION TC5624383.2s Page A-6 PHYSICAL SETTING SOURCE MAP - 5624383.2s ors a County Boundary N Major Roads N Contour Lines OO Earthquake epicenter, Richter 5 or greater ® Water Wells © Public Water Supply Wells ® Cluster of Multiple Icons 0 1/4 1/2 1 Miles Groundwater Flow Direction Wildlife Areas c I Indeterminate Groundwater Flow at Location Natural Areas c M Groundwater Flow Varies at Location o Rare & Endangered Species SITE NAME: Greenville Utility CLIENT: Restoration Systems, LLC ADDRESS: 2242 Sunny Side Road CONTACT: JD Hamby Greenville INC 27834 INQUIRY #: 5624383.2s LAT/LONG: 35.603261 / 77.294681 DATE: April 17, 2019 11:44 am Copyright �o 2019 EDR, Inc. (,) 2015 TonnTom Rel. 2015. GEOCHECK®- PHYSICAL SETTING SOURCE MAP FINDINGS Map I D Direction Distance Database EDR ID Number NC_NHEO NC50005049 Elclass: A Precision1: S Eostat: H Gisid: 1442136 Edr id: NC50005049 NC_NHEO NC50013690 Elclass: I Precision1: S Eostat: E Gisid: 23349 Edr id: NC50013690 NC_NHEO NC50021855 Elclass: I Precision1: S Eostat: E Gisid: 23349 Edr id: NC50021855 NC_SNHA NC10003336 Acres: 2082.38 Sitename: LOWER TAR RIVER AQUATIC HABITAT Quality type: Not Reported Sig: B Site id: 3336 Edr id: NC10003336 TC5624383.2s Page A-8 GEOCHECK®- PHYSICAL SETTING SOURCE MAP FINDINGS RADON AREA RADON INFORMATION Federal EPA Radon Zone for PITT County: 3 Note: Zone 1 indoor average level > 4 pCi/L. Zone 2 indoor average level — 2 pCi/L and — 4 pCi/L. Zone 3 indoor average level < 2 pCi/L. Federal Area Radon Information for PITT COUNTY, NC Number of sites tested: 8 Area Average Activity % <4 pCi/L % 4-20 pCi/L % >20 pCi/L Living Area - 1st Floor 0.125 pCi/L 100% 0% 0% Living Area - 2nd Floor Not Reported Not Reported Not Reported Not Reported Basement 4.100 pCi/L 0% 100% 0% TC5624383.2s Page A-9 PHYSICAL SETTING SOURCE RECORDS SEARCHED TOPOGRAPHIC INFORMATION USGS 7.5' Digital Elevation Model (DEM) Source: United States Geologic Survey EDR acquired the USGS 7.5' Digital Elevation Model in 2002 and updated it in 2006. The 7.5 minute DEM corresponds to the USGS 1:24,000- and 1:25,000-scale topographic quadrangle maps. The DEM provides elevation data with consistent elevation units and projection. Current USGS 7.5 Minute Topographic Map Source: U.S. Geological Survey HYDROLOGIC INFORMATION Flood Zone Data: This data was obtained from the Federal Emergency Management Agency (FEMA). It depicts 100-year and 500-year flood zones as defined by FEMA. It includes the National Flood Hazard Layer (NFHL) which incorporates Flood Insurance Rate Map (FIRM) data and Q3 data from FEMA in areas not covered by NFHL. Source: FEMA Telephone: 877-336-2627 Date of Government Version: 2003, 2015 NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002, 2005 and 2010 from the U.S. Fish and Wildlife Service. State Wetlands Data: Wetland Inventory Source: US Fish & Wildlife Service Telephone: 703-358-2171 HYDROGEOLOGIC INFORMATION AQUIFLOWR Information System Source: EDR proprietary database of groundwater flow information EDR has developed the AQUIFLOW Information System (AIS) to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted to regulatory authorities at select sites and has extracted the date of the report, hydrogeologically determined groundwater flow direction and depth to water table information. GEOLOGIC INFORMATION Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology of the Conterminous U.S. at 1:2,500,000 Scale - A digital representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS - 11 (1994). STATSGO: State Soil Geographic Database Source: Department of Agriculture, Natural Resources Conservation Service (NRCS) The U.S. Department of Agriculture's (USDA) Natural Resources Conservation Service (NRCS) leads the national Conservation Soil Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns in a landscape. Soil maps for STATSGO are compiled by generalizing more detailed (SSURGO) soil survey maps. SSURGO: Soil Survey Geographic Database Source: Department of Agriculture, Natural Resources Conservation Service (NRCS) Telephone: 800-672-5559 SSURGO is the most detailed level of mapping done by the Natural Resources Conservation Service, mapping scales generally range from 1:12,000 to 1:63,360. Field mapping methods using national standards are used to construct the soil maps in the Soil Survey Geographic (SSURGO) database. SSURGO digitizing duplicates the original soil survey maps. This level of mapping is designed for use by landowners, townships and county natural resource planning and management. TC5624383.2s Page PSGR-1 PHYSICAL SETTING SOURCE RECORDS SEARCHED LOCAL / REGIONAL WATER AGENCY RECORDS FEDERAL WATER WELLS PWS: Public Water Systems Source: EPA/Office of Drinking Water Telephone: 202-564-3750 Public Water System data from the Federal Reporting Data System. A PWS is any water system which provides water to at least 25 people for at least 60 days annually. PWSs provide water from wells, rivers and other sources. PWS ENF: Public Water Systems Violation and Enforcement Data Source: EPA/Office of Drinking Water Telephone: 202-564-3750 Violation and Enforcement data for Public Water Systems from the Safe Drinking Water Information System (SDWIS) after August 1995. Prior to August 1995, the data came from the Federal Reporting Data System (FRDS). USGS Water WeIIs: USGS National Water Inventory System (NWIS) This database contains descriptive information on sites where the USGS collects or has collected data on surface water and/or groundwater. The groundwater data includes information on wells, springs, and other sources of groundwater. STATE RECORDS North Carolina Public Water Supply Wells Source: Department of Environmental Health Telephone: 919 -715 -3243 OTHER STATE DATABASE INFORMATION North Carolina Wildlife Resources/Game Lands Source: Center for Geographic Information and Analysis Telephone: 919-733-2090 All publicly owned game lands managed by the North Carolina Wildlife Resources Commission and as listed in Hunting and Fishing Maps. NC Natural Heritage Sites: Natural Heritage Element Occurrence Sites Source: Natural Heritage Occurrence Sites Center for Geographic Information and Analysis Telephone: 919-733-2090 A point coverage identifying locations of rare and endangered species, occurrences of exemplary or unique natural ecosystems (terrestrial or aquatic), and special animal habitats (e.g., colonial waterbird nesting sites). NC Natural Areas: Significant Natural Heritage Areas Source: Center for Geographic Information and Analysis Telephone: 919-733-2090 A polygon converage identifying sites (terrestrial or aquatic) that have particular biodiversity significance. A site's significance may be due to the presenceof rare species, rare or high quality natural communities, or other important ecological features. RADON State Database: NC Radon Source: Department of Environment & Natural Resources Telephone: 919-733-4984 Radon Statistical and Non Statiscal Data Area Radon Information Source: USGS Telephone: 703-356-4020 The National Radon Database has been developed by the U.S. Environmental Protection Agency (USEPA) and is a compilation of the EPA/State Residential Radon Survey and the National Residential Radon Survey. The study covers the years 1986 - 1992. Where necessary data has been supplemented by information collected at private sources such as universities and research institutions. TC5624383.2s Page PSGR-2 PHYSICAL SETTING SOURCE RECORDS SEARCHED EPA Radon Zones Source: EPA Telephone: 703-356-4020 Sections 307 & 309 of I RAA directed EPA to list and identify areas of U.S. with the potential for elevated indoor radon levels. OTHER Airport Landing Facilities: Private and public use landing facilities Source: Federal Aviation Administration, 800-457-6656 Epicenters: World earthquake epicenters, Richter 5 or greater Source: Department of Commerce, National Oceanic and Atmospheric Administration Earthquake Fault Lines: The fault lines displayed on EDR's Topographic map are digitized quaternary faultlines, prepared in 1975 by the United State Geological Survey STREET AND ADDRESS INFORMATION © 2015 TomTom North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material. TC5624383.2s Page PSGR-3 ■ ■■■ Roy Cooper. Governor E� NC DEPARTMENT OF Susi Hamilton. Secretary ■■■■■ NATURAL AND CULTURAL RESOURCES ■ ■■■ Walter Clark, Director, Land and Water Stewardship NCNHDE-7325 October 19, 2018 Alexander Baldwin Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, NC 27604 RE. GUC Property Dear Alexander Baldwin. The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butlerLncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR71MENT OF NATURAL AND CULTURAL RESOIJRCES 121 W. JfiNES STREET. RALEIGH. INC 27663 • 1651 MAIL SERVICE CENTER, RALEIGH. NC 2769!) OFC 919.70.9120 - FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area GUC Property October 19, 2018 NCNHDE-7325 Element Occurrences Documented Within Project Area 777VrT=Tc I'Cc n Name Lam Element Accuracy Federal — State Global State GroupiL Observation Occurrence Status Status Rank Rank Date Rank Freshwater 36530 Elliptic fisheriana Northern Lance 2009-10-08 E 3-Medium --- Significantly G4 S3 Bivalve Rare Freshwater 14068 Elliptic roanokensis Roanoke Slabshell 2017-08-01 E 3-Medium --- Special G3 S3 Bivalve Concern Freshwater 1148 Leptodea ochracea Tidewater Mucket 2017-08-01 E 3-Medium --- Threatened G3G4 S2 Bivalve Natural Areas Documented Within Project Area epresentational Rating — Collective Rating TAR/Lower Tar River Aquatic Habitat R1 (Exceptional) C2 (Very High) No Managed Areas Documented within the Project Area Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on October 19, 2018; source: NCNHP, Q4 Oct 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area GUC Property October 19, 2018 NCNHDE-7325 Element Occurrences Documented Within a One -mile Radius of the Project Area xoncmi„ EO ID Scientific Name Element °racy Federal State Global State , .a ir Observation Occurrence Status Status Rank Rank Date Rank A& A Amphibian 12606 Necturus lewisi Neuse River Waterdog 2016-11-09 AB 3-Medium --- Special G2 S2 Concern Animal 23902 Waterbird Colony --- 2004 C 3-Medium --- --- GNR S3 Assemblage Bird 25641 Haliaeetus Bald Eagle 2015-04-22 E 2-High Bald/Golden Threatened G5 S3B,S3 leucocephalus Eagle N Protection Act Crustacean 3493 Orconectes North Carolina Spiny 1980-03-24 H? 3-Medium --- Special G3 S3 carolinensis Crayfish Concern Dragonfly or 33766 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S2? Damselfly georgiana Low Rare Freshwater 1206 Alasmidonta undulata Triangle Floater 2017-07-12 E 3-Medium --- Threatened G4 S3 Bivalve Freshwater 36530 Elliptic fisheriana Northern Lance 2009-10-08 E 3-Medium --- Significantly G4 S3 Bivalve Rare Freshwater 14068 Elliptic roanokensis Roanoke Slabshell 2017-08-01 E 3-Medium --- Special G3 S3 Bivalve Concern Freshwater 25382 Lampsilis cariosa Yellow Lampmussel 2009-10-08 E 3-Medium --- Endangered G3G4 S3 Bivalve Freshwater 1148 Leptodea ochracea Tidewater Mucket 2017-08-01 E 3-Medium --- Threatened G3G4 S2 Bivalve Freshwater Fish32361 Enneacanthus obesus Banded Sunfish 1997-04-01 E 3-Medium --- Significantly G5 S3 Ra re Mammal 5451 Trichechus manatus West Indian Manatee 1994-09-17 E 5-Very Threatened Threatened G2 SIN Low Mayfly 14173 Baetisca obesa a mayfly 1985-11-20 H? 3-Medium --- Significantly G5 S1 Ra re Reptile 35037 Farancia Rainbow Snake 1928-11-10 H 3-Medium --- Significantly G4 S3 erytrogramma Rare Page 3 of 5 Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Representational R Collective Rating TAR/Lower Tar River Aquatic Habitat R1 (Exceptional) C2 (Very High) Managed Areas Documented Within a One -mile Radius of the Project Area anaged Area Namd W Owne Owner Type NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust State Fund North Carolina Coastal Land Trust Easement North Carolina Coastal Land Trust Private Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on October 19, 2018; source: NCNHP, Q4 Oct 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 4 of 5 NCNHDE-7325: GUC Property 33 - - Rd . Pa0o\uS 0 -' Moyes Run � l� t 3 Bradford Creek Old Pactolus, Rd 3 Golf course e ate a a ! N r SIC pevero P `jie i i / 49 e� Cr ek loth 33 N z S 33 t rt October 19, 2018 Project Boundary Buffered Project Boundary E] NHP Natural Area (NHNA) 13 Managed Area (MAREA) 1:28,325 0 0.225 0.45 0.9 mi 0 0.375 0.75 1.5 km SourcesEsri, HERE, Garmin, Intermap, increment P Corp_, GEBCO, USGS, ENO, NIPS, NRCAN, GeriIGN, Kadaster NIL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), —stopo, © OpenStreetMap contributors, and the GIS User Community Page 5 of 5 iFC United States Department of the InteriorFISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: October 24, 2018 Consultation Code: 04EN2000-2019-SLI-0082 Event Code: 04EN2000-2019-E-00175 Project Name: GUC Nutrient Buffer Bank Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 10/24/2018 Event Code: 04EN2000-2019-E-00175 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws. omi r olybirds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 10/24/2018 Event Code: 04EN2000-2019-E-00175 Attachment(s): • Official Species List 10/24/2018 Event Code: 04EN2000-2019-E-00175 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 10/24/2018 Event Code: 04EN2000-2019-E-00175 2 Project Summary Consultation Code: 04EN2000-2019-SLI-0082 Event Code: 04EN2000-2019-E-00175 Project Name: GUC Nutrient Buffer Bank Project Type: LAND - RESTORATION / ENHANCEMENT Project Description: Restoration Systems, LLC. is proposing to create a nutrient offset mitigation banking project in improve water quality in the Tar -Pamlico River Basin. Activities will include restricting future land use through a conservation easement as well as reforestation of riparian buffer areas with native trees and vegetation. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.goo�le.com/mgps/Tlace/35.603798729500056N77.29207739747483W vo"°t JILL 1 ' _ .. L;44 9eatlMILL i�rElk:'#II .O" I 4 1 � 4 Counties: Pitt, NC 10/24/2018 Event Code: 04EN2000-2019-E-00175 3 Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS West Indian Manatee Trichechus manatus Threatened There is final critical habitat for this species. Your location is outside the critical habitat. This species is also protected by the Marine Mammal Protection Act, and may have additional consultation requirements. Species profile: https:Hecos.fws. o.ecp/species/4469 Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws. o.ecp/species/7614 10/24/2018 Event Code: 04EN2000-2019-E-00175 4 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Proposed No critical habitat has been designated for this species. Threatened Species profile: https:Hecos.fws. og v/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 Tar River Spinymussel Elliptio steinstansana Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws. og v/ecp/species/1392 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton May 24, 2019 John Hamby Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, NC 27604 Office of Archives and History Deputy Secretary Kevin Cherry Re: Greenville Utilities Commission Nutrient Offset Bank Project, Pitt County, ER 19-1476 Dear Mr. Hamby: We received the request for environmental review pertaining to the Greenville Utilities Commission's proposed Nutrient -Offset Bank. North Carolina Office of State Archaeology (OSA) records indicate that 20 recorded archaeological sites occur within the project footprint area. Some were found and recorded in the 1980's by East Carolina University's Anthropology Department and others were discovered during a survey performed in 1992 by Archaeological Research Consultants, Inc. (ER 92-7060). Most of these sites are located adjacent and south of Tributary #2 and adjacent to Barber Creek. No evidence was found to indicate that these sites were assessed for their potential eligibility for inclusion on the National Register of Historic Places. A map of these sites and their relative association with modern land features is available through the OSA. Given the nature of this project it is understood that various degrees of disturbance are to be expected. We would appreciate more detailed explanations of the specific disturbances associated with the project. Extensive disturbance such as rerouting or de-channelization of Tributary #2 may involve finding and assessing archaeological sites that may be affected. We have determined that the project as proposed will not have an effect on any historic structures. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.reviewnncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, /Ramona Bartos, Deputy {�? State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 Page 7 of 4 Recorded: 03,03 20t13 atT01�00.24 PM Fee Amt: $26.00 Page 1 of 4 Revenue Tax: $0.00 Pitt County, NC Deborah T Barrington REG OF DEEDS &K3075 PG123-126 GRANT OF EASEMENT ReWn Recorded Document to: TRANSMISSION �iCtiuQ &bQx4-X(UVw*, Sandy Ogint Administrator Property Records Piedmont Natural Gas Company, Inc. 4720 Piedmont Row Dr. Charlotte, NC 28210 STATE OF NORTH CAROLINA LINE NUMBER 42 COUNTY OF PITT PARCEL NUMBER FIFTEEN TAX I D # 5607886517 THIS GRANT OF EASEMENT made this day of2013, from THE CITY OF GREENVILLE, NORTH CAROLINA, a North Carolina municipal corporation, r the use and benefit of GREENVILLE UTILITIES COMMISSION, a body politic (hereinafter designated as GRANTOR), to PIEDMONT NATURAL GAS COMPANY, INC., (hereinafter designated as GRANTEE). WITNESSETH WHEREAS, GRANTEE is the owner of an easement thirty (30) feet wide for the construction, operation, and maintenance of natural gas pipelines, as more particularly described in the instruments recorded in Book Y30, Page 435, and Book Y30, Page 437, both Pitt County Registry (the "Existing Easement"), across certain land now owned by GRANTOR described in the instrument recorded in Book 250 at Page 354 and shown in Map Book 67, Page 64, both Pitt County Registry; and WHEREAS, the increasing demand for natural gas by GRANTEE's customers has made it necessary that the Existing Easement area be expanded by an additional twenty (20) feet in width, thereby increasing the easement to a width of fifty (50) feet, said twenty (20) foot expansion area being shown as "NEW GAS ESM'T" on the attached Exhibit 1 of 2 and Exhibit 2 of 2, 42-PIT-15 prepared by Regional Land Surveyors, Inc. dated 10/04/12 (the "Expansion Easement Area" and, collectively with the Existing Easement, the "Expanded Easement'). That GRANTOR, for and in consideration of the sum of $2,680.00, and other valuable considerations, the receipt of which is hereby acknowledged, hereby bargains, sells, and conveys unto GRANTEE, its successors and assigns, a right of way and easement rights encumbering the Expanded Easement area for the purpose of laying, constructing, maintaining, operating, repairing, altering, replacing, removing, and protecting one or more pipelines for the transportation of natural gas under, upon, over, through, and across the land of GRANTOR (or in which GRANTOR has interest) situated in Pactolus Township, Pitt County, North Carolina, as described in the instrument recorded in Book 250 at Page 354 and shown in Map Book 67, Page 64, both Pitt County Registry. The new right of way herein granted is 1.241 acres, more or less, being shown as the "NEW GAS ESM,r on Exhibit 1 of 2 and Exhibit 2 of 2, 42-PIT-15 prepared by Regional Land Surveyors, Inc. dated 10/04/12, copies of which are attached hereto and made part hereof (the "Survey"). GRANTEE shall have all rights necessary or convenient for the full use and enjoyment of the rights herein granted, including without limitation: (1) free and full right of access to and from the Expanded Easement area over and across the aforesaid land; (2) to keep the Expanded Easement area cleared of trees, buildings, and other obstructions; and (3) to construct, install, operate, utilize, rebuild, remove, protect and maintain pipes, valves, markers, Cathodic protection equipment, anode beds and other appurtenant devises in conjunction with said gas facilities. GRANTOR reserves the right to use the land over which said right of way and easement rights are hereby granted for all purposes not inconsistent with said easement rights, the North Carolina Utilities Commission, GRANTEE'S current encroachment specifications, and any federal, state, or local law, rule, or regulation, provided that GRANTOR and GRANTEE agree that: (1) notwithstanding anything to the contrary herein, GRANTOR shall give written notification to GRANTEE and GRANTOR shall obtain written approval from GRANTEE prior to any activity as defined in items (2)—(7) of this paragraph; (2) the depth of said gas facilities below the surface of the ground shall not be reduced nor increased by grading or any other work and any slopes allowed within said right of way shall be no greater than a four to one (4: 1) ratio; (3) if streets, roads, equipment crossings, fences or utility lines are constructed across said right of way, they shall cross as nearly as possible at right angles to gas line(s) and in no event shall they be constructed laterally along and over the Expanded Easement area; (4) fences shall have minimum twelve (12) foot wide gate(s); (5) Removable pavers shall be installed along the entire length and width of the pipeline easement in paved parking areas; (6) improvements shall not adversely affect, in GRANTEE'S sole discretion, the access to, safety, construction, reconstruction, operation, or maintenance of GRANTEE'S facilities and GRANTEE shall not be liable for damages to said future improvements installed within the Expanded Easement area; (7) landscaping within the Expanded Easement area shall be limited to lawn grasses and shrubs which have a maximum mature height of four (4) feet, (8) buildings, storage sheds, mobile homes, wells, septic tanks, and/or related drain fields, absorption pits, detention ponds, irrigation systems (except �Book: 3075 Page: 123 Pagel of Book:3075 Page: 123 Seq: 1 Paget of 4 a crossing), sprinkler heads, swimming pools, ponds, lakes, erosion control sediment traps, underground vaults, burial grounds, explosives or flammable materials, fires of any type, fire hydrants, catch basins, air strips, electrical transformers or enclosures, utility poles, dumpsters, trash, uprooted stumps, boulders, rubble, building materials, junk or inoperable vehicles, satellite signal receiver systems, or other obstructions are prohibited within the Expanded Easement area; (9) GRANTOR shall not: (a) interfere with GRANTEE'S access or maintenance to its facilities, or (b) endanger the safety of GRANTOR, GRANTEE, or the general public; (10) GRANTEE reserves the right to construct future pipelines within the Expanded Easement area and GRANTOR shall not interfere with or object to the construction of said future pipelines; and (11) all facilities installed by GRANTEE shall be and remain the property of GRANTEE and may be removed by it at any time and from time to time. GRANTEE agrees that it shall be responsible for actual damages to improvements that existed prior to this EASEMENT and annual crops of GRANTOR both inside and outside said right of way on the above -referenced land caused by the construction, installation, operation, utilization, inspection, rebuilding, removal, and maintenance of said facilities, and in going to and from the Expanded Easement area, and shall be responsible for the breakage caused to any bridge and any extraordinary damage to any road due to heavy hauling to and from said right of way, if claim is made within sixty (60) days after such damages are sustained. To have and to hold said Expanded Easement and easement rights unto GRANTEE, its affiliates, successors, and assigns, perpetually and continuously. GRANTOR expressly give(s) GRANTEE, its successors and assigns, the right to assign, license, lease, or otherwise transfer, in whole or part, this GRANT OF EASEMENT or any rights given herein, to any person or entity, including but not limited to, any affiliated parent or subsidiary entity of GRANTEE, for the uses and purposes expressly stated herein. GRANTOR hereby bind(s) GRANTOR and GRANTOR'S heirs, representatives, and assigns to warrant and forever defend all and singular said premises unto GRANTEE, its successors and assigns, against the claims of all persons whomsoever. IN WITNESS WHEREOF, this GRANT OF EASEMENT has been signed and sealed by GRANTOR, as of the date first above written. GRANTOR: By: ATTESTED: By: STATE OF NORTH OLINA COUNTY OF / rr THE CITY OF GREENVILLE, NORTH CAROLINA, a North Carolina municipal corporation, for the use and benefit of GREENVILLE UTILITIES COlqkAISSIQN, a body politic Sign ren M. Thomas Mayor Sign Carol L. Barwick , City Clerk nCS _ a Notary Public of :�R' r � County, North Carolina, do hereby certify that Carol C Barwick personally appeared before me this day and acknowledged that she is the City Clerk of the City of Greenville, a North Carolina municipal corporation, and that by authority duly given and as the act of the corporation, the foregoing GRANT OF EASEMENT was signed in its name by its Mayor, sealed with its corporate seal, and attested by herself as its City Clerk. Witness my hand and seal this J!:�—day of �nctLr_, 20j3 . Y JOf Sign t{ r.....•.•••o Public N ry �A �rt " � a.Cs Print +, r• U D t.% G. My Commission Expires: Book:3075 Page: 123 Seq:2 Book: 3075 Page: 123 Page 2 of 4 P �°� ' ` CITY OF GREENVILLE «�PITT COUNTY, NORTH CAROLINA t CHn LINE �- TITLE REFERENCES DEED BOOK 250 PAGE 354 MAP BOOK 67 PAGE 64SITE - �� MC VITNIMAP / / J SUN 0�^ '✓ TO wn /- EX GAS ESMr J 18 IDSDBPN'DB F39 PGr+iE2.506,975✓ F39 PG 15 �✓ / PIN: 5607686517 CITY OF GREENVILLE /. DB 250 PG 354 / MB 67 PG 64 / iJ �J J GAS ESMT NOTE. 1. ALL PROPERTY LINES AND CORNERS ESTABLISHED USING EXISTING CORNERS FOUND, EXISUNG BOUNDARY EVIDENCE AND DEEDS AND PUTS OF RECORD IN PITT COUNTY REGISTER OF DEEDS. 2. AREA BY COORDINATE COMPUTATION. 3. ALL DISTANCES ARE HORIZONTAL GROUND. IN FEET. 4. SUBJECT 70 ANY AND ALL EASEMENTS, RIGHTS -OF -WAY. STREETS AND ASSESSMENTS. AS THE SAME MAY APPEAR OF RECORD IN THE REGISTER OF DEEDS OFFICE, CLERK OF COURT, TOWN OR COUNTY TAX OFFICES, OR WHICH MAY HAVE BEEN ACQUIRED BY PRESCRIPTIVE USE 5. THIS SURVEY IS INTENDED FOR PNG EASEMENT ACQUISITION AND/OR ABANDONMENT ONLY. 6. NC GRID COORDINATES AS SHOWN HEREON ARE BASED UPON CPS OBSERVATIONS UTILIZING NCGS' NETWORK RTK SYSTEM AND ARE REFERENCED TO THE NAD 83(NSiS 2007) DATUM. Q IRON PIPE FOUND • COMPUTED POINT (NOT SM O PNG PARCEL NUMBER PROPOSED GAS LINE PROPOSED PNG EASEMENT EXISTING PNG EASEMENT SUBJECT BOUNDARY LINE ADJOIN_ERBOU_ND_A_RY LINE RIGHT-OF-WAY LINE TREE LINE - - - - ®mom ®W-1779 _� REVIEW OFFICER CERTIFICATION: I, ��� !• iicOBy . REVIEW OFFICER TY, THAT THE MAP OR PUT TO WHICH THIS CERTIFICATION IS AFFD= MEETS ALL 5TA7UTOEN7S FOR RECORDING.�s� 3 REDVIVIIE/CIW OFFICER ATE I, DAVID A. CLARK_ A PROFESSIONAL LAND SURVEYOR OF NORTH CAROLINA, HEREBY STATE THAT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF, THE SURVEY SHOWN HEREON ACCURATELY DEPICTS THE AREA OF EASEMENT ACQUISITION AND/OR ABANDONMENT BY PIEDMONT NATURAL GAS COMPANY FROM THE PROPERTY OWNERS SHOWN HEREON, UTILIZING THE INFORMATION IDENTIFIED IN NOTE 1. /D DAVID A PIEDMONT NATURAL GAS COMPANY, INC. NEW EASEMENT CROSSING PROPERTY OF CITY OF GREENVILLE EASEMENT NO. 15 AREA ON THIS SHEET IN P.N.G CO. NEW ESMT 24,885 SF / 0.571 AC TOTAL AREA IN P.N.G CO. NEW ESMT 54,056 SF / 1,241 AC PITT COUNTY LATERAL Project# 2738993 LINE 42 200 0 100 200 -J 1 Inch - 200 fL ```' CA SEAL *' L-4649 'Tk .A Book: 3075 Page: 123 Page 3 of 4 CITY OF GREEWALLE ,\ PITT COUNTY, NORTH CAROLINA LINE 42 TITLE REFERENCES 1 ; DEED BOOK 250 PAGE 354 MAP BOOK 67 PAGE 64 f � d, 16 PIN: 36I. SHOE, ALTA T. 9iGE, VICINITY MAP LINDA CATHERINE JAMES KNAM OT TO SCALE) \�� / / / WLLIAM DAVID SHOE n / / DB 2914 PG 355 / <p !% RENEW OFFICER CERTIFICATION: i / Oar/ y� I. E/rI L T F00,0-1 . RENEW OFFICER FOR PITT COU . cmnvy MAT THE MAP OR PLAT TC WHICH THIS CERTIFICATION IS AFFDOO) MEETS ALL STATUTORY REQUIREMENTS FOR RECORDIN`,L//'3 L* ' RENEW OFFICER DATE ' J 15 PIN: 56078M17 CITY OF GREENVILLE i-. DB 250 PC 354 NEW GAS ESMT / NEW ESMi LINE TABLE / LINE LENGTHI BEARING / EX. GAS ESM'T L7 / 11 Y30 PG 431 i 5 L2 / D I Y30 PG 43 L3 1 • 4 / OB F38 PG 55 LI IS&Vr N6 B F39 PG S66 LS / L7 Ile La 112LW s7wws" / BOULINENDARY TIE LINE TABLE / LENGTH BFAR111G NOTES-- 1. ALL PROPERTY LINES AND CORNERS ESTABLISHED USING EXISTING CORNERS FOUND, EXISTING BOUNDARY EVIDENCE AND DEEDS AND PLATS OF RECORD IN PITT COUNTY REGISTER OF DEEDS. 2. AREA BY COORDINATE COMPUTATION. 3. ALL DISTANCES ARE HORIZONTAL GROUND, IN FEET. 4. SUBJECT TO ANY AND ALL EASEMENTS. RIGHTS -OF -WAY, STREETS AND ASSESSMENTS. AS THE SAME MAY APPEAR OF RECORD IN THE REGISTER OF DEEDS OFFICE, CLERK OF COURT. TOWN OR COUNTY TAX OFFICES, OR WHICH MAY HAVE BEEN ACQUIRED BY PRESCRIPTIVE USE. 5 THIS SURVEY IS INTENDED FOR PNO EASEMENT ACQUISITION AND/OR ABANDONMENT ONLY. 6. NC GRID COORDINATES AS SHOWN HEREON ARE BASED UPON GPS OBSERVATIONS UTILIZING NCGS' NETWORK RTK SYSTEM AND ARE REFERENCED TO THE HAD SXNSRS 2007) DATUM. Q IRON PIPE FOUND • COMPUTED POINT (NOT O PNG PARCEL NUMBER PROPOSED GAS LINE G—G—G—G PROPOSED PNG EASEMENT E10Sa! PNG EASEM ENT SUBJECT BOUNDARY LINE ADJOBBiR BOUNDARY LINE -- RIGHT-OF-WAY LINE - TREE LINE 4 DAVID A. CLERK, A PROFESSIONAL LAND SURVEYOR OF NORTH CAROLINA. HEREBY STATE THAT TO THE BEST OF MY KNOWLEDGE, INFORMATION. AND BELIEF. THE SURVEY SHOWN HEREON ACCURATELY DEPICTS THE AREA OF EASEMENT ACQUISITION AND/OR ABANDONMENT BY PIEDMONT NATURAL GAS COMPANY FROM THE PROPERTY OWNERS SHOWN HEREON. UTILIZING THE INFORMATION IDENTIFIED IN NOTE 1. AND A. CLERK L-1648 PIEDMONT NATURAL GAS SE" COMPANY, INC. NEW EASEMENT CROSSING PROPERTY OF CITY OF GREENVILLE EASEMENT NO. 15 AREA ON THIS SHEET IN P.N.G CO. NEW ESMT 29,168 SF / 0.670 AC TOTAL AREA IN P.N.G CO. NEW ESMT 54,056 SF / 1.241 AC PITT COUNTY LATERAL Project# 2738993 LINE 42 CAR SEAL *' L-4649 :'f1ti 6{a�. O........... suR• �. �ww- ,7O 200 0 100 200 EXHIBIT 2 OF 2 42-PIT-15 1 InEh . 2DO Book: 3075 Page: 123 Page 4 of 4 Page 1 of 4 I Illllll111111 19N111 Doc ID: 011573230004 Type: CRP Recorded: 11/28/2012 at 10:10:18 Aft Fee Amt: $27.00 Page 1 of 4 Revenue Tax: $1.00 Pitt County, N Deborah T Barrington REG OF DEEDS BK3040 P427430 GRANT OF EASEMENT Return Recorded Document to: TRANSMISSION Sandy Ogint Administrator Property Records Piedmont Natural Gas Company, Inc. 4720 Piedmont Row Dr. Charlotte, NC 28210 STATE OF NORTH CAROLINA LINE NUMBER 42 COUNTY OF PITT PARCEL NUMBER TWENTY TAX ID # 5618215345 I THIS GRANT OF EASEMENT made this � day of OcmJem 20fZ=, from MARVIN D. DAVIS, Through His Attomey-in-Fact, JOYCE P. DAVIS, and JOYCE P. DAVIS, INDIVIDUALLY, (hereinafter designated as GRANTOR), to PIEDMONT NATURAL GAS COMPANY, INC., (hereinafter designated as GRANTEE). WITNESSETH WHEREAS, GRANTEE is the owner of an easement thirty (30) feet wide for the construction, operation, and maintenance of natural gas pipelines, as more particularly described in the instruments recorded in Book Z30, Page 510, and Book E39, Page 127, both Pitt County Registry (the "Existing Easement), across certain land now owned by GRANTOR described in the instrument recorded in Book A48 at Page 250. Pitt County Registry; and WHEREAS, the increasing demand for natural gas by GRANTEE's customers has made it necessary that the Existing Easement area be expanded by an additional twenty (20) feet in width, thereby increasing the easement to a width of fifty (60) feet, said twenty (20) foot expansion area being shown as "NEW GAS ESM'T" on the attached Exhibit 42-PIT-20 prepared by Regional Land Surveyors, Inc. dated 10/12/12 (the "Expansion Easement Area" and, collectively with the Existing Easement, the "Expanded Easement"). That GRANTOR, for and in consideration of the sum of $ 4rAQ0 . and other valuable considerations, the receipt of which is hereby acknowledged, hereby bargains, sells, and conveys unto GRANTEE, its successors and assigns, a right of way and easement rights encumbering the Expanded Easement area for the purpose of laying, constructing, maintaining, operating, repairing, altering, replacing, removing, and protecting one or more pipelines for the transportation of natural gas under, upon, over, through, and across the land of GRANTOR (or in which GRANTOR has interest) situated in Pactoius Township, Pitt County, North Carolina, as described in the instrument recorded in Book A48 at Page 250, Pitt County Registry. The new right of way herein granted is 0.074 acres, more or less, being shown as the "NEW GAS ESM"r on Exhibit 42- PIT-20 prepared by Regional Land Surveyors, Inc. dated 10/12/12, a copy of which is attached hereto and made part hereof (the "Survey"). GRANTEE shall have all rights necessary or convenient for the full use and enjoyment of the rights herein granted, including without limitation: (1) free and full right of access to and from the Expanded Easement area over and across the aforesaid land; (2) to keep the Expanded Easement area cleared of trees, buildings, and other obstructions; and (3) to construct, install, operate, utilize, rebuild, remove, protect and maintain pipes, valves, markers, cathodic protection equipment, anode beds and other appurtenant devises in conjunction with said gas facilities. GRANTOR reserves the right to use the land over which said right of way and easement rights are hereby granted for all purposes not inconsistent with said easement rights, the North Carolina Utilities Commission, GRANTEE'S current encroachment specifications, and any federal, state, or local law, rule, or regulation, provided that GRANTOR and GRANTEE agree that: (1) notwithstanding anything to the contrary herein, GRANTOR shall give written notification to GRANTEE and GRANTOR shall obtain written approval from GRANTEE prior to any activity as defined in items (2)—{7) of this paragraph; (2) the depth of said gas facilities below the surface of the ground shall not be reduced nor increased by grading or any other work and any slopes allowed within said right of way shall be no greater than a four to one (4:1) ratio; (3) 9 streets, roads, equipment crossings, fences or utility lines are constructed across said right of way, they shall cross as nearly as possible at right angles to gas line(s) and in no event shelf they be constructed laterally along and over the Expanded Easement area; (4) fences shall have minimum twelve (12) foot wide gate(s); (5) Removable pavers shall be installed along the entire length and width of the pipeline easement in paved parking areas; (6) improvements shall not adversely affect, in GRANTEE'S sole discretion, the access to, safety, construction, reconstruction, operation, or maintenance of GRANTEE'S facilities and GRANTEE shall not be liable for damages to said future improvements installed within the Expanded Easement area; (7) landscaping within the Expanded Easement area shall be limited to lawn grasses and shrubs which have a maximum mature height of four (4) feet, (8) buildings, storage sheds, mobile homes, wells, septic tanks, and/or related drain fields, absorption pits, detention ponds, irrigation systems (except crossing), sprinkler heads, swimming pools, ponds, lakes, erosion control sediment traps, underground vaults, burial Book: 3040 Page: 127 Seq: a Book: 3040 Page: 127 Pagel of 4 `j Page 2 of 4 grounds, explosives or flammable materials, fires of any type, fire hydrants, catch basins, air strips, electrical transformers or enclosures, utility poles, dumpsters, trash, uprooted stumps, boulders, rubble, building materials, junk or inoperable vehicles, satellite signal receiver systems, or other obstructions are prohibited within the Expanded Easement area; (9) GRANTOR shall not: (a) interfere with GRANTEE'S access or maintenance to its facilities, or (b) endanger the safety of GRANTOR, GRANTEE, or the general public; (10) GRANTEE reserves the right to construct future pipelines within the Expanded Easement area and GRANTOR shall not interfere with or object to the construction of said future pipelines: and (11) all facilities installed by GRANTEE shall be and remain the property of GRANTEE and may be removed by it at any time and from time to time. GRANTEE agrees that it shall be responsible for actual damages to improvements that existed prior to this EASEMENT and annual crops of GRANTOR both inside and outside said right of way on the above -referenced land caused by the construction, installation, operation, utilization, inspection, rebuilding, removal, and maintenance of said facilities, and in going to and from the Expanded Easement area, and shall be responsible for the breakage caused to any bridge and any extraordinary damage to any road due to heavy hauling to and from said right of way, if claim is made within sixty (60) days after such damages are sustained. To have and to hold said Expanded Easement and easement rights unto GRANTEE, its affiliates, successors, and assigns, perpetually and continuously. GRANTOR expressly give(s) GRANTEE, its successors and assigns, the right to assign, license, lease, or otherwise transfer, in whole or part, this GRANT OF EASEMENT or any rights given herein, to any person or entity, including but not limited to, any affiliated parent or subsidiary entity of GRANTEE, for the uses and purposes expressly stated herein. GRANTOR hereby bind(s) GRANTOR and GRANTOR'S heirs, representatives, and assigns to warrant and forever defend all and singular said premises unto GRANTEE, its successors and assigns, against the claims of all persons whomsoever. IN WITNESS WHEREOF, this GRANT OF EASEMENT has been signed and sealed by GRANTOR, as of the date first above written. GRANTOR !�Maay"r.rr Sign MARVIN D. DAMS, by Print JOYCE P. DAVIS Attorney -in -Fact Print% �•e ti+ Sign J CE P. DAVIS. Individually Print STATE OF NORTH CAROLINA COUNTY OF PITT • • 1�. I, (� o* na C""(jj -a Notary Public of i I I County, North Carolina, do hereby certify that JOYCE P. DAVIS. Attorney -in -Fact for MARVIN D. DAVIS GRANTOR, personally appeared before me this day and acknowledged the due execution of the foregoing GRANT OF EASEMENT for and in behalf of MARVIN D. DAVIS and that his(her) authority to execute and acknowledge said EASEMENT is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds of Pitt County, North Carolina, in Book 225 Page 709, and that this EASEMENT was executed under and by virtue of the authority given by said instrument granting him(her) power of attorney; and that said JOYCE P. DAVIS acknowledged the due execution of the foregoing and annexed EASEMENT for the purposes therein expressed for and in behalf of MARVIN D. DAVIS. Witness my hand and seal this 30 day of o.l1�0er MAN 0 My Commission Expires: Jw isus 20M. c4) CauW Sign Ndary Public frd W.(Y 4 Print Book: 3040 Page: 127 Page 2 of 4 Book:3040 Page: 127 Seq:2 Page 3 of 4 STATE Or NORTH CAROLINA COUNTY 6F PITT I(!C a Notary Public of �1 County, North Carolina, do hereby certify that JME P. DAVIS, GRANTOR, personally appeared before me this day and acknowledged the due execution of the foregoing GRANT OF EASEMENT. Witness my hand and seal this 30 day of , 20 11. Notarlj pT�R, 't<, My Commiss'i'o�n�rExpires: IJ Notary Pbblic i ! /Print Book: 3040 Page: 127 Page 3 of 4 Book:3040 Page: 127 Seq:3 Page 4 of 4 .P� CITY OF GREENVILLE PITT COUNTY, NORTH CAROUNA RENEW OFFICER CERTIFICATION: LINE 42 pp ••— �= IMF REFERENCES I, MwTTHiN G SPItaR-vm REVIEW OFFICER DEED BOOK A48 PAGE 250 . '..,.•���`• FOR COUNT THE MAP OR PLAT _ TO WHICH THIS CERTIFICATION IS AFFDCED MEETS ALL STATUTORY REOUIREMENTS FOR RECORDING. _ •�� • OFFICER L,0 DATE VICINITY NOT TO I /� r I 1 it D Y f ' � 1g PIN: 56172828M JOIN 8 FLEMING JR AND MICHAEL G FLEMMIG ET AL DS 567 PG 807 MB I PG 33 � STREAM GRAVEL DRIVE wil PRY 5618215345 MARVIN D DAVIS AND JOYCE P DAVIS DO A48 PG 250 !� 1. ALL PROPERTY LINES AND CORNERS ESTABLISHED USING EXISTING CORNERS FOUND. EWIING BOUNDARY EVIDENCE AND DEEDS AND PLATS OF RECORD IN PITT COUNTY REGISTER OF DEEDS 2. AREA BY COORDINATE COMPUTATION. 3. ALL DISTANCES ARE HORIZONTAL GROUND. IN FEET 4, SUBJECT TG ANY AND ALL EASEMENTS, RIGHTS -OF -WAY. STREETS AND ASSESSMENTS, AS THE SAME MAY APPEAR OF RECORD IN THE REGISTER OF DEEDS OFFICE, CLERIC OF COURT. TOWN OR COUNTY TAX OFFK= OR VHICH MAY HAVE BEEN ACQUIRED BY PRESCRIPTIVE USE 5. THIS SURVEY IS INTENDED FOR PNG EASEMENT ACQ(ASMON AND/OR ABANDONMENT ONLY. 6. NC GRID COORDINATES AS SHOWN HEREON ARE BASED UPON GPS OBSERVATIONS UTIUZNG NCGS' NETWORK RTK SYSTEM AND ARE REFERENCED TO 1HE MAD SXNSRS 2007) DATUM. Q IRON PIPE FOUND COMPUTED POINT (NOT SE-1) O PNG PARCEL NUMBER PROPOSED GAS LINE PROPOSI]) PNG EASEMENT EXISTING PNG EASELENT SUBJECT BOUNDARY LINE ADJaNER BOUNDARY LINE -- RIGHT-OF-WAY FENCE - - -TREE LINE F. �-ice, -• �, uV NaTRUST W CHOBANC s COMPANY. u NEw GAS Earl 08 J48 PG 82� 1 I I I j PIN: 5618300657 I DB WIO PC 590 1 I 1 1 L DAVID A_ HARK_ A PROFESSIONAL LAND SURVEYOR OF NORTH CAROUNA, HEREBY STATE THAT To 114E BEST OF MY KNOMi MOE, INFORMATION. AND BELIEF, THE SURVEY 51KWM HEREON ACCURAIELY DEPICTS THE AREA of EASEMENT ACOUMON AND/OR ABANDONMENT BY PIEDMONT NATURAL GAS COMPANY FROM THE PROPERTY OWNERS SHOYIN HEREON, UIIAJNG THE INFORMATION IDENIIFFD IN NOTE 1. UAVID A CLARK L-4549 PIEDMONT NATURAL GAS COMPANY, INC. NEW EASEMENT'' CROSSING PROPERTY OF * SEAL MARVIN D DAVIS AND = L-4649�T JOYCE P DAVIS o'"o soR4- A-.•' EASEMENT NO. 20 AREA IN P.N.G CO. NEW ESMT 3M6 SF / 0,074 AC PITT COUNTY LATERAL Project# 2738993 z LINE 42 100 o so Rao EXHIBIT 42-PIT-20 I Uxh - 100 R DATE 10/12/12 JOB# 1265. Book: 3040 Page: 127 Page 4 of 4 Book:304O Page: 127 Seq:4 Page 1 of 3 11119111111111111 D853 TYPO: GR PM Recorded: 003O00at Oi:oi Fee r1mt: 528.00 Page i of 3 Revenue Tax: $0.0o Deb ragUTn'Ya,rJrgton REO OF DEEDS BK3075 Pa134-136 GRANT OF EASEMENT 4ketnrn Recorded Document to: TRANSMISSION wP l ���„�` Sandy Ogint Administrator Property Records Piedmont Natural Gas Company, Inc. 4720 Piedmont Row Dr. Charlotte, NC 28210 STATE OF NORTH CAROLINA LINE NUMBER 42 COUNTY OF PITT PARCEL NUMBER THIRTEEN TAX ID # 5607389713 THIS GRANT OF EASEMENT made this day of --K*' K 2013, from THE CITY OF GREENVILLE, NORTH CAROLINA, a North Carolina municipal corporatio r the use and benefit of GREENVILLE UTILITIES COMMISSION, a body politic (hereinafter designated as GRANTOR), to PIEDMONT NATURAL GAS COMPANY, INC., (hereinafter designated as GRANTEE). WITNESSETH WHEREAS, GRANTEE is the owner of an easement thirty (30) feet wide for the construction, operation, and maintenance of natural gas pipelines, as more particularly described in the instruments recorded in Book B31, Page 305, and Book 139 Page 326, both Pitt County Registry (the "Existing Easement"), across certain land now owned by GRANTOR described in the instrument recorded in Book J45 at Page 527 and shown in Map Book 25, Page 47, both Pitt County Registry; and WHEREAS, the increasing demand for natural gas by GRANTEE's customers has made it necessary that the Existing Easement area be expanded by an additional twenty (20) feet in width, thereby increasing the easement to a width of fifty (50) feet, said twenty (20) foot expansion area being shown as "NEW GAS ESM'T" on the attached Exhibit 42-PIT-13 prepared by Regional Land Surveyors, Inc. dated 10/05/12 (the "Expansion Easement Area" and, collectively with the Existing Easement, the "Expanded Easement). That GRANTOR, for and in consideration of the sum of $1,050.00, and other valuable considerations, the receipt of which is hereby acknowledged, hereby bargains, sells, and conveys unto GRANTEE, its successors and assigns, a right of way and easement rights encumbering the Expanded Easement area for the purpose of laying, constructing, maintaining, operating, repairing, altering, replacing, removing, and protecting one or more pipelines for the transportation of natural gas under, upon, over, through, and across the land of GRANTOR (or in which GRANTOR has interest) situated in Pactolus Township, Pitt County, North Carolina, as described in the instrument recorded in Book J45, page 527, and shown in Map Book 25, Page 47, both Pitt County Registry. The new right of way herein granted is 0.268 acres, more or less, being shown as the "NEW GAS ESM'T" on Exhibit 42- PIT-13 prepared by Regional Land Surveyors, Inc. dated 10/05/12, a copy of which is attached hereto and made part hereof (the "Survey). GRANTEE shall have all rights necessary or convenient for the full use and enjoyment of the rights herein granted, including without limitation: (1) free and full right of access to and from the Expanded Easement area over and across the aforesaid land; (2) to keep the Expanded Easement area cleared of trees, buildings, and other obstructions; and (3) to construct, install, operate, utilize, rebuild, remove, protect and maintain pipes, valves, markers, cathodic protection equipment, anode beds and other appurtenant devises in conjunction with said gas facilities. GRANTOR reserves the right to use the land over which said right of way and easement rights are hereby granted for all purposes not inconsistent with said easement rights, the North Carolina Utilities Commission, GRANTEE'S current encroachment specifications, and any federal, state, or local law, rule, or regulation, provided that GRANTOR and GRANTEE agree that: (1) notwithstanding anything to the contrary herein, GRANTOR shall give written notification to GRANTEE and GRANTOR shall obtain written approval from GRANTEE prior to any activity as defined in items (2)—(7) of this paragraph; (2) the depth of said gas facilities below the surface of the ground shall not be reduced nor increased by grading or any other work and any slopes allowed within said right of way shall be no greater than a four to one (4:1) ratio; (3) if streets, roads, equipment crossings, fences or utility lines are constructed across said right of way, they shall cross as nearly as possible at right angles to gas line(s) and in no event shall they be constructed laterally along and over the Expanded Easement area; (4) fences shall have minimum twelve (12) foot wide gate(s); (5) Removable pavers shall be installed along the entire length and width of the pipeline easement in paved parking areas; (6) improvements shall not adversely affect, in GRANTEE'S sole discretion, the access to, safety, construction, reconstruction, operation, or maintenance of GRANTEE'S facilities and GRANTEE shall not be liable for damages to said future improvements installed within the Expanded Easement area; (7) landscaping within the Expanded Easement area shall be limited to lawn grasses and shrubs which have a maximum mature height of four (4) feet, (8) buildings, storage sheds, mobile homes, wells, septic tanks, and/or related drain fields, absorption pits, detention ponds, irrigation systems (except crossing), sprinkler heads, swimming pools, ponds, lakes, erosion control sediment traps, underground vaults, burial Book:3075 Page: 134 SegI Book:3075 Page: 134 Pagel of3 Page 2 of 3 grounds, explosives or flammable materials, fires of any type, fire hydrants, catch basins, air strips, electrical transformers or enclosures, utility poles, dumpsters, trash, uprooted stumps, boulders, rubble, building materials, junk or inoperable vehicles, satellite signal receiver systems, or other obstructions are prohibited within the Expanded Easement area; (9) GRANTOR shall not: (a) interfere with GRANTEE'S access or maintenance to its facilities, or (b) endanger the safety of GRANTOR, GRANTEE, or the general public; (10) GRANTEE reserves the right to construct future pipelines within the Expanded Easement area and GRANTOR shall not interfere with or object to the construction of said future pipelines; and (11) all facilities installed by GRANTEE shall be and remain the property of GRANTEE and may be removed by it at any time and from time to time. GRANTEE agrees that it shall be responsible for actual damages to improvements that existed prior to this EASEMENT and annual crops of GRANTOR both inside and outside said right of way on the above -referenced land caused by the construction, installation, operation, utilization, inspection, rebuilding, removal, and maintenance of said facilities, and in going to and from the Expanded Easement area, and shall be responsible for the breakage caused to any bridge and any extraordinary damage to any road due to heavy hauling to and from said right of way, if claim is made within sixty (60) days after such damages are sustained. To have and to hold said Expanded Easement and easement rights unto GRANTEE, its affiliates, successors, and assigns, perpetually and continuously. GRANTOR expressly give(s) GRANTEE, its successors and assigns, the right to assign, license, lease, or otherwise transfer, in whole or part, this GRANT OF EASEMENT or any rights given herein, to any person or entity, including but not limited to, any affiliated parent or subsidiary entity of GRANTEE, for the uses and purposes expressly stated herein, GRANTOR hereby bind(s) GRANTOR and GRANTOR'S heirs, representatives, and assigns to warrant and forever defend all and singular said premises unto GRANTEE, its successors and assigns, against the claims of all persons whomsoever. IN WITNESS WHEREOF, this GRANT OF EASEMENT has been signed and sealed by GRANTOR, as of the date first above written. ATTESTED: STATE OF NO—R-TH CAROLINA COUNTY OF 4"Irl GRANTOR: THE CITY OF GREENVILLE, NORTH CAROLINA, a North Carolina municipal corporation, for the use and benefit of GREENVILLE UTILITIES COMMISSION, a body politic By:� Sign AlMn M. Ihomas Mayor By: 'vSign Carol L. Barwick , City Clerk I, n t-S a Notary Public of County, North Carolina, do hereby certify that Ca . Barwick personally appeared before me this day and acknowledged that she is the City Clerk of the City of Greenville, a North Carolina municipal corporation, and that by authority duly given and as the act of the corporation, the foregoing GRANT OF EASEMENT was signed in its name by its Mayor, sealed with its corporate seal, and attested by herself as its City Clerk. Witness my hand and seal this Gay of Sign Print My Commission Expires �� 'C;�O/6 Book: 3075 Page: 134 Seq: 2 Book: 3075 Page: 134 Page 2 of 3 3 of 3 . _ CITY OF GREENVILLE PITT COUNTY, NORTH CAROLINA LINE 42 TITLE REFERENCES DEED BOOK J45 PAGE 527 MAP BOOK 25 PAGE 47 `W F N: 579.695:72 E: 2,5D3,573.B3 VICINITY MAI NOr TO SCALE / PIN: 5607389713TY OF IF, pDO J4 PG 527� � MB 28 PG 47 NEW T LINE TABLE m W LINE LENGTH BEARING P L1 206WI NDOW L2 T L4 EX. GAS ESMi (DO 831 PG 305 (DO 139 PG 325 I L2 L4� a:1 'NEW GAS ESM'T W PIN: 5807297799 SUSAN Hd1AND DB 357 PG 427 NB 33 PG 78 REVIEW OFFICER CERTIFICATION: i I. �- T K A4B REVIEW OFFICERPI NTY. CERTIFYTHE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUT��DRrrY REQUIREMENTS FOR RECORDING. fit• �% �0 a-�13 RENEW OFflCER DATE NOTM 1. ALL PROPERTY LINES AND CORNERS ESTABLISHED USING EXISTING CORNERS FOUND, EXISTING BOUNDARY EVIDENCE AND DEEDS AND PLATS OF RECORD IN PITT COUNTY REGISTER OF DEEDS 2. AREA BY COORDINATE COMPUTATION. fi 3. ALL DISTANCES ARE HORIZONTAL GROUND, N FEET. 4. SUBJECT TO ANY AND ALL EASEMENTS, RIGHTS—CF—WAY. STREETS AND ASSESSMENTS. AS THE SAME MAY APPEAR OF RECORD IN THE REGISTER OF DEEDS OFFICE. CLERK OF COURT, TOMOR COUNTY TAX a OFFICES. OR WHICH MAY HAVE BEEN ACQUIRED BY PRESCRPTINE USE S. THIS SURVEY IS INIENDED FOR PNG EASEMENT ACQUISITION AND/OR ABANDONMENT ONLY. C 6. NO GRID COORDINATES AS SHOWN HEREON ARE BASED UPON GPS OBSERVATIONS UTILIZING NCGS' NETWORK RTK SYSTEM AND ARE REFERENCED TO THE NAD 83(NSRS 2DD7) DATUM. ® AXLE FOUND COMPUTED POINT (NOT SET) O PNG PARCEL NUMBER PROPOSED GAS LINE PROPOSED PNG EASEMENT EXISTING PNG EASEMENT SUBJECT BOUNDARY LINE ADJOINER BOUNDARY LINE __ TREE LINE Regional Land Surveyo 8642 WEST MARKET STR SUITE 100 GREENSBOR06 NORTH CAROLJNA 14 PIN: 5507565918 CITY OF GREENVILLE DO 236 PG $73 1, DAND A C Al RL A PROFESSIONAL LAND SURVEYOR OF NORTH CAROLINA, HEREBY STATE THAT TO THE BEST OF MY KNOWLEDGE, INFORMATION. AND BELIEF. THE SURVEY SHOWN HEACCURATELY DEPICTS THE AREA OF EASEMENT ACQUISITION AND/OR ABANDONMENT BY PIEDMONT NATURAL GAS COMPANY FROM THE PROPERTY OWNERS SHOWN HEREON, UTILIZING THE INFORMATION IDENTIFIED INNOTE 1. PIEDMONT NATURAL GAS COMPANY, INC. NEW EASEMENT CROSSING PROPERTY OF CITY OF GREENVILLE EASEMENT NO. 13 AREA IN P.N.G CO. NEW ESMT 11,674 SF / 0,268 AC PITT COUNTY LATERAL Project# 2738993 o-1362 LINE 42 rs, Inc. 200 0 1OD 200 EET 27409 1 I Ywh 200 fL ra 42—PIT-13 Book: 3075 Page: 134 Page 3 of 3 Page 1 of 6 EASEMENT I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 014344550006 Type: CRP Recorded: 04/03/2019 at 04:42:50 PM Fee Amt: $26.00 Page 1 of 6 Revenue Tax: $0.00 Pitt County, NC Lisa P. Nichols REG OF DEEDS BK3774PG121-126 Return Recorded Document To: Piedmont Natural Gas — Goldsboro Resource Center, 250 5 Points Rd., Dudley, NC 28333 — p Cy__ Uio STATE OF NORTH CAROLINA LINE NO, 439 COUNTY OF PITT TRACT NO. NC-PT-035.000; NC-PT-035.500; NC-PT-035.900 PARCEL ID # 33065; 48152 jj��,,, PROJECT NO. 2451417 THIS "EASEMENT" is made and granted as of this � day of d!4er , 201, from CITY OF GREENVILLE, NORTH CAROLINA, A NORTH CAROLINA MUNICIPAL CORPORATION, FOR THE USE AND BENEFIT OF THE GREENVILLE UTILITIES COMMISSION ("Grantor", whether one or more), to PIEDMONT NATURAL GAS COMPANY, INC., a North Carolina corporation ("Piedmont"). WHEREAS, Grantor is the owner of, or has an interest in, that property situated in Pactolus Township, Pitt County, North Carolina, as more particularly described in the instrument recorded in Book 236, Page 573 and Book 250, Page 354, Pitt County Registry (the "Property"). NOW, THEREFORE, Grantor for and in consideration of the sum of $10.00 and other valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, and conveys unto Piedmont, its successors and assigns the following easement(s) and right(s) of way under, upon, over, through and across the Property: Permanent Easement. A perpetual easement for purposes of constructing, installing, maintaining, operating, repairing, altering, replacing, removing, relocating, inspecting, upgrading and protecting one or more pipelines and appurtenant facilities (including, without limitation, valves, markers, cathodic protection equipment, and anode beds) for the transportation of natural gas (collectively, "Facilities") under, upon, over, through, and across the Property within an easement area generally 50 feet wide (the "Permanent Easement Area"), and shown on the survey attached hereto as Exhibit A (the "Survey"), some or all of which Facilities (including additional pipelines) may be installed now and/or in the future. The Survey is incorporated herein by reference. All Facilities shall be and remain the property of Piedmont and may be removed by it at any time and from time to time. Piedmont shall have all rights necessary or convenient for the full use and enjoyment of the rights herein granted, including, without limitation: (1) reasonable access to and from the Permanent Easement Area across the Property, and (2) to keep the Permanent Easement Area cleared of trees (including overhanging limbs and foliage), buildings, structures, and any other obstructions (collectively, "Obstructions"), except for Obstructions approved by Piedmont in writing pursuant to Piedmont's policies, guidelines or procedures regarding land use within easements (the "Guidelines"). Grantor shall not install or maintain, or permit to be installed or maintained, any Obstructions within the Easement Area except as approved in writing by Piedmont. Temporary Construction Easement. The temporary and exclusive right to use the temporary construction easement area shown on the Survey (the "TCE Area") for construction activities including, without limitation, installing temporary fencing around the TCE Area and laying, storing, erecting, or parking equipment, vehicles, materials, fill, components, parts, and tools within the TCE Area during construction of the Facilities, which temporary right shall terminate upon Piedmont placing such Facilities in service and release of Piedmont from its obligations under all permits issued for construction of such Facilities including, without limitation, all sedimentation and erosion control permits. Piedmont shall have all rights necessary or convenient for the full use and enjoyment of the TCE Area, including without limitation: (1) reasonable access to and from the TCE Area across the Property and (2) to keep the TCE Area cleared of Obstructions. Upon completion of construction and the Facilities being placed in service, Piedmont shall restore the TCE Area to substantially the same condition as it existed prior to Piedmont's entry thereon, ordinary wear and tear excepted. Utility Station Site Easement. A perpetual easement for the purposes of erecting, constructing, maintaining, operating, altering, relocating, repairing, upgrading, replacing, removing, inspecting and protecting one or more utility stations or sites (including, without limitation, meter stations, valve sites, launcher and/or receiver sites or regulator stations) and all appurtenances used in connection therewith, for the transportation and/or control of natural gas, under, upon, over, through, and across that portion of the Property designated "USSE Area" on the Survey ("the USSE Area"). Piedmont shall have all rights necessary or convenient for the full use and enjoyment of the USSE Area, including, without limitation: (1) reasonable access to and from the USSE Area across the Property; (2) to clear and keep cleared the USSE Area of any and all Obstructions; (3) to install fencing around the USSE Easement Area; (4) to exclude all persons, including Grantor, from any fenced portions of the USSE Area; and (5) to install landscaping within or around the USSE Area to screen the utility station site as may be desired by Piedmont or required by any governmental authority; however this EASEMENT shall not obligate Piedmont to install such landscaping. Book: 3774 Page: 121 Se J Book: 3774 Page: 121 Page 1 of 6 W Page 2 of 6 Permanent Access Easement. A perpetual access easement for the purposes of ingress, egress, and regress, upon, over, and across that portion of the Property designated "Access Easement Area" on the Survey ("the Access Easement Area"). Piedmont shall have the right, but not the obligation, to keep the Access Easement Area cleared of Obstructions and to construct, reconstruct, maintain, repair, improve, and use roads or driveways within the Access Easement Area (including, without limitation, grading, graveling, and installing culverts). Any roads or driveways constructed by Piedmont within the Access Easement Area shall be constructed at Piedmont's sole expense. Piedmont may install gates within the Access Easement Area, provided that Grantor has a reasonable means of using any gates locked by Piedmont. For purposes of this EASEMENT, the term "Easements" shall refer collectively to all easements described above and the term "Easement Areas" shall refer collectively to all the easement areas described above. Grantor's Reservation of Rights. Grantor reserves the right to use the Property and Easement Areas for all purposes that do not unreasonably interfere with the rights granted herein and that are not inconsistent with the rules and regulations of the North Carolina Utilities Commission, the Guidelines, or any applicable federal, state, or local law, rule, or regulation. Grantor shall obtain written approval from Piedmont prior to making any use of the Easement Areas, which approval shall not be unreasonably withheld. Anything to the contrary herein notwithstanding, Grantor shall not: (1) unreasonably interfere with Piedmont's access to or maintenance of the Facilities or the Easement Areas, or (2) endanger the safety of Grantor, Piedmont, the general public, or the Facilities. Damages. Piedmont shall be responsible for actual physical damage to: (1) the land within the Property and Easement Areas; and (2) improvements and annual crops located on the Property that are not in violation of the terms hereof, provided that such damage must be caused by Piedmont in exercising the rights granted herein, and provided further that a claim is made by Grantor within sixty (60) days after such damages are sustained. Piedmont shall restore and level the surface of the Easement Areas to, as nearly as can be reasonably done, the same condition as prior to Piedmont's use of the Easement Areas. Piedmont shall not be liable for any damage caused to Obstructions or improvements installed in violation of the terms hereof and may remove them at Grantor's expense. No Waiver or Additional Representations. The failure by Piedmont to exercise and/or enforce any of the rights, privileges, and Easements herein described shall not be construed as a waiver or abandonment of any such rights, privileges and easements, and Piedmont thereafter may exercise and/or enforce, at any time and from time to time, any or all of them. It is understood and acknowledged by the undersigned that the person securing this grant on behalf of Piedmont is without authority to make any agreement with regard to the subject matter hereof which is not expressed herein, and that no such agreement will be binding on Piedmont. Ownership of the Property. Grantor represents, warrants and covenants that it is the lawful owner of the Property and has the right to convey the rights set forth herein and that the Property is free from all encumbrances, except for encumbrances of record. To have and to hold said rights, privileges, and easements unto Piedmont, its affiliates, successors, and assigns. Piedmont, its successors and assigns, shall have the right to assign, license, lease, or otherwise transfer, in whole or in part, this EASEMENT, or any rights granted herein, to any person or entity, including but not limited to, any affiliated parent or subsidiary entity of Piedmont, for the uses and purposes expressly stated herein. This EASEMENT shall run with the land and inure to the benefit of and be binding upon Grantor, Piedmont and their respective heirs, successors and assigns. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, this Easement has been signed under seal by Grantor, as of the date first above written. Book: 3774 Page: 121 Seq:2 Book: 3774 Page: 121 Page 2 of 6 Page 3 of 6 Citv of G ,P . I Connelly, Mayor Ic GIB ATTEST: 1) LL2LPk Carol L. Barwic , tity Clerk STATE OF NOR T LINA COUNTY OF I, /Dne-3aNotary Public for ?1�1 County, North Carolina, certify that Carol L. Barwick,rsonally appeared before me this day and acknowledged that he (or she) is City Clerk of the City of Greenville, a municipal corporation, and that by authority duly given and as the act of the City of Greenville, through and by the City Council, its governing body the foregoing instrument was signed in its name by the Mayor, P. J. Connelly, sealed with corporate seal, and attested by himself (or herself) as its City I rk. Witness my hand and official seal this the / day of Q e/ 20 �l. �/ OLLY JoNt • N�A•i Notary P lic -o;AV841es ( or Type Name of Notary Here) My commission expires: Book: 3774 Page: 121 Seq: 3 Book: 3774 Page: 121 Page 3 of 6 Page 4 of 6 AREA TABLE EXHIBIT A01. PERMANENT EASEMENT 3.016 AC. �. ACCESS ROM 4.867 AC. SCALE 1": t �• " P.O.C. I TEMPORARY CONSTRUCTION EASEMENT 4.770 AC. 3 SITE UTILITY STATION SITE EASEMENT WA 0 100 207 4W � &3 CORS STA. "NCEC" i "�.. •■ ""' ' N-679,150.96' 9 � � �. E=2,485,855.67' i e�."�•.. .,,.I�LYi�LY SIDE RD. ?1,7S7�E z \_ "M VICINITY MAP P.O.G. ROT TO SCALE FOUND 1/2" IRON PIPE N=680,252.3V E-2,506,978.26' NG3T-035.000 8 035.910 GRID NOW OR FORMERLY c3ax263s tn NA 8300RDINATES CITY OF GREENVILLE, ACCESS RD l NORTH CAROLINA, A NORTH fi MUNICIPAL CORPORATION DEED BOOK 250, PAGE 354 PINS 33065 L IL wXBOV ACCESS RD i ISXr F TING PIEDMONT NATURAL GAS PIPELINE ILI -LIS -07 1 'l I I ' L51 I 'I IX H P I i 0 O IRON PIPE FOUND • EASEMENT POINT COMPUTED POINT P O.B. POINT OF BEGINNING P 0 C. FORT OF COMMENCEMENT PERMANENT EASEMENT SEMENT TEMPORARY CONSTRUCTION EASEMENT P.O.B. N=679,451.13' LS2 E=2,507,176 59' * 4 �. tttNNHHtstt SEAT ( L2� 7 rr LINE TABLE NUMBER BEARING DISTANCE L1 S00'34'10'w 100.00' L2 NB9'2550'W 25.07 L3 S OD'34'T0' W 2.142.58' L13 N 00'3CIO" E 1.784 95' L14 5 99'25'50' E 10.00r L15 S 89'26'S0' E 50.00' LIS 889'25WE 10.00' L17 S 89'25'S0' E 5.00 LIS S 00'34'10' W $41 59 L19 S 44'2W50' E 35.38 L20 saw3rto-w 100.07 L21 s4s'34'10"w 56.s7' L22 S 00'34'10' W ST Ile L31 MOO'34'IWE 2.086.7Y LBO M 89'25'S0' W 25.00' L61 N00'34'10'E IW.00' L52 S 89'25S0' E 100.00' L55 NOO'34'10'E 175113' L56 sw,34'10-W 70859 J 1. WUUkM J CASH, PLS L-2459, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK 250. PAGE 354) THE NETWORK POSITIONAL ACCURACY OF THE OPUS DERIVED POSITIONAL INFORMATION IS OA2 METERS AND THE SURVEY CLASS MEETS OR EXCEEDS CLASS B THE FOLLOVNNG SURVEY INFORMATION WAS USED TO PERFORM THE GPS SURVEY POSITION ACCURACY, -402 m TYPE OF FIELD PROCEDURE RTIWRS 3 CONVENTIONAL DATE(S) OF SURVEY OSF142017 DATUMIEPOCH MAD 83 PUBLISHED FIELD CONTROL MONUMENTS USED CORS STA. NCEC GEOID MODEL GEOID128 COMBINED GRID FACTOR. OLOO 9078 UNITS U.S SURVEY FEET THIS PLAT WAS PREPARED N ACCORDANCE VVTTH G.S 41-30 AS AMENDED. J ESS MY RSIGNATURE DENSE NUMBER AND SEAL THIS Y OF LEGEND PNG EASEMENT SUBJECT BOUNDARY LINE ADJONER BOUNDARY LINE CENTERLINE OF ROAD EDGE OF ROAD — • — • — • — PERMANENTRIGHTOF-WAY - WETIANO EXISTING PIPELINE 85 SEWER L94E ��. EDGE OFROAD —0-0-- FENCE LINE a► U OVERHEAD UTILITY EASEMENT FOR: PIEDMONT NNITE RAL GAS ACROSS THE LANDS OF CITY OF GREENVILLE NORTH CAROLNA. A NORTH CAROLNA MUNICIPAL CORPORATION DEED BOOK 250. PAGE 354 PACTOLUS TOWNSHIP PTIT COUNTY NC PROJECT IR R 2451417 1 TRACT NC-PT-035.000 9 =910 -moms: I AREA BY COOROMTE COMPUTATION. 2. ALL WTANCIA ARE NORIZONML GRID. IN US SURVEY FEET 3. SUBIECTTOAWANDALLEA$n*WS.PiOW8-0F.WtY WFEEI AND ASSESSMEMS. AS THE SAME MAY APPEAR OF RECORD IN THE REGISTER OF DEEDS OFNCE. CLERK OF COURT. TOM OR COUNTY TAR OFFICES. OR VWICH MAY 1 AVE BEEN ACQUIRED BY PRESCRIPIM IME 4. THIS SURVEY • IN ENOW FOR TM PURPOWS OF EASOAEINT ACQUIS171p/ ONLY AND IS NOT WENDED TO SE A BOUNDARY SURVEY OF THE LANDS SHOVIN H ERSON S. THE MAP NAS NOT SEEN REIAE9ED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE VMTN ANY APPLICABLE LAND 06VLLOPMEW REGUSATKWL S. NO N C. GRIONIONAIEWS WERE FOUND WRFIN aw OF TINS SITE. 7 7MMAP MAY NOT BEACEITIW DSURVEYANDHNBNOTRED' REYWMO BY A LOCAL GOVERMENT AMICT FOR COMPLIANCE VMHH ANY APPLICABLE LAND DEVELOPMENT REGLLATIONSAND HAS NOT SEEN REVEYIEO FOR COLPUAN CE WITH REC0FM4 REQUIREMENTS FOR FIATS - ENCOMPASS SERVICES, PLLC I 14276 NC HWY 210. ANGIER, NC 27501 1 NORTH CAROLNA - LICENSE NO. P-1049 DRAWN BY MAC REVISION NO. 2 DATE. 4WAs PROJECT No 61279 JOB No t_P_ ]ii�[i[0 4"�%..i'�M. 4 Book: 3774 Page: 121 Page 4 of 6 Page 5 of 6 AREA TABLE PERMANENTEASEMENT ACCESS ROAD TEMPORARY CONSTRUCTION EASEMENT UTILITY STATION SITE EASEMENT r '"1 MATCHLINE W t WY X 25C ACCESSRD L...EtXHIBIT A 3.016 AC. *607 AC. SCALE I* • 2W 1.T70AC. aatNtuu+,��� t. 100 207 �,tC� NIA , . I�5 = L'459 t 3a x 2635 .. ACCESS RO I J� CONCRETE —t PAD POND„ OIRI ON„ t ROAD t 30' X B97 ACCESS RD L11 NC-PT-034AOD NOW OR FORMERLY CHESTER WORTHINGTON INC L10 DEED BOOK T35 PAGE 532 L9 PIN# 25740 O IRON PIPE FOUND ♦ EASEMENT POINT COMPUTED POINT P O.B. POINT OF BEGINNING P O.C. POINT OF COMMENCEMENT PERMANENT EASEMENT TEMPORARY CONSTRUCTION EASEMENT LEGEND -- — PNG EASEMENT ++ SUBJECT BOUNDARY LINE ADJOWER BOUNDARY LDNE CENTERLINE OF ROAD CENTERLINE OF ACCESS ROAD EDGE OF ROAD — — — — PERMANENT RIGHT-OF-WAY _ • WETLAND CENTER IME OF DITCH r1• TREELOVE oHu OVERHEAD UTILITY w -oIRN— •oNu--- OIAI- 0"u— ON U — EASEMENTFOR: PIEDMONT NATURAL GAS ACROSS THELANDS OF CITY OF GREENVILLE NORTH CAROL WA. A NORTH CAROLINA MUNICIPAL, CORPORATION DEED BOOK 250, PAGE 3% ORAWN BY- MAC PACTOLLIS TOWNSHIP PITT COUNTY NC PROJECT IR # 2451417I TRACT NC-PT-035 000 8 DATE 4WI18 035 910 JOB N0 - 9 I. NC-PT-035.WO a 035.910 NOW OR FORMERLY CITY OF GREENVILLE, NORTH CAROLINA, A NORTH MUNICIPAL CORPORATION DEED BOOK 250, PAGE 354 PIN# 33065 t DITCH LINE TABLE NUMBER BEARING DISTANCE L3 S D0.34't0" w 2.142.5r L4 S41.16'54'E 74.96' L5 S 00'34'icr W 53.6r LS j S45'34'10'w w.sr L7 SOV39ricrw 3745 LB N W*=4s W 50.01, L9 NOO.MIME 415r LIO N 44'a&r W 1414' L11 NODWIWE 4a4r L12 N 41'1554' W 750.W L13 N 00.34'10•E 1784-W L23 S 44.2950' E 50.6r L24 S00'34'1a'w 100.07 125 S 45'34't0' W 35.36' L26 S00.34'1O'W 68101' L26 S 4425'5D" E 35.36 Les S D0.34'10•W III w L30 S 41.1964' E 600.Se L31 N W'34' 10• E ZOOS 77 L63 N 00'34'10• E 54.2r L54 N 41'15$C W 750.58' L.55 j N OD•MI(r E 178117 L57 S 00.3r10' W 951128' L58 3 41.16MWE 750 58' L59 8 OD-mur W 1 78.30' .•w,,— - L7.r.... NO188 1. AREA BY COOADMAIE COMPUrATICN. 2. ALL DISTANCES ARE NORRONTAL GNO. IN US SURVEY FEET 1 SUBJECT TO ANY AND ALLEASENEMS. RDNTS•OF.WAY STREETS AND ASSESSMENTS AS THE SAME MAY APPEAR OF RECORO IN IM REOtSTER OF DEEDS OFFICE, CLERK OF COURT TOM OR COUNTY TAX OFFICES. OR V44CH MAY HAVE BEEN ACQUIRED BY PRESCRIPTIVE IA1L 4 TM SURVEY RI WIENDEDFOR THE PURPOSES OF EASEMENT ACQUISITION ON.Y. AND NI NOTWrDO O TO BE A BOUNDARY SURVEY OF THE LANDS B"DYMN HEREOK S TMS MAP HAS NOT BEEN REVWAED BY A LOCK GOVERNMENT FOR CCVPLW CE WON ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. a. NON.CGitlOMONB1ENfSNEREFOUNDNATNN1a00'OF11iSaITE. 7 TNSMAP MAY NOT BEACFRnRWGLRNVEYAND HAS NOT KEN REVIEWED BY A LOCK OOVERNhIENTAGENCY FOR CCMPUANCE WTH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVEVVEA FOR COLMUANCE AIM RECOWNO REOUIREIMIll FOR PLATS. ENCOMPASS SERVICES. PUC 14278 NC HWY 210. ANGIER NC 27501 NORTH CAROLINA - LICENSE NO. P4049 REVISION NO: 2 PROJECT NO' 81279 Biffl-k ce 5 Book: 3774 Page: 121 Page 5 of 6 AREA TABLE � EXHIBIT Aj SCALE I"- IW PERMANENT EASEMENT WA ACCESS ROAD 0.504 AC. TEMPORARY CONSTRUCTION EASEMENT NIA SUNNY e� 5 � SITE I JUTILITY STATION 311E EASEMENT (USSE) 0.334 AC. 0 50100' 200' 0 N� oI Nsi0pIS5�e_21+=NNY SIDE RD. U ST�e• �1``_ "� r— CORS STA. "NCEC" N=679,150.96' v VICINI E=2,485,855.6T \ NOT TI i P.O.C. i FOUND 1/2" IRON PIPE i N=680,252.33' \a I E=2,506,978.26' GRID COORDINATES i NAD 83 1 LINE TABLE NUMBER BEARING DISTANCE L1 N 76.24'01" E 103.81' L2 8 00.34'10" W 159.2Y N 89.25'50" W 100.00'N tL4 OD'34'10" E 72.99' N O0'34'10" E 69.13' ACCESS ROAD LINE TABLE NUMBER BEARING DISTANCE LS N 89'07'01" W 23.61' L7 N 06111159"W 34.7W L8 N 42W64" W 61.10 L9 N 02.14'58" E 114.84' 00 N 04"18W W 112.85' Lit N 15.59'56" W 63.77 L12 N 25'08'51" W 82M i 30 ACCESS RD. i 111111/ ` NC-PT-M.000 I� I i SEJAI. NOW OR FORMERLY J CITY OF GREENVILLE, �� •.��► L 2459 0' NORTH CAROLINA, A NORTFI i �ysua'.� MUNICIPAL CORPORATION i 1>, �'�,;�igM'J•�%I�•��� DEED BOOK 250, PAGE 354 I 1 % n ��111111110 PIW 33OB5 I i 1� I � i i 4 I i `i P.O.B. N=679,708.35' i E-2 507 0741 A' ACCESS ROAD CURVE TABLE NUMBER ARC LENGTH RADIUS I CHORD BEARING CHORD DISTANCE C1 34.32' 24.42 N47.2427W 31.5V C2 13925' 190.99 N24'44'16W 136.19' C3 84.2W 204.24 N13'40'48'W 83.70' t I � i J J 1, WII.UAM J. CASH, PlS L-2469, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK 250. PAGE 354). THE NETWORK C7 L6 POSITIONAL ACCURACY OF THE OPUS DERIVED POSITIONAL INFORMATION IS USSE 0.02 METERS AND THE SURVEY CLASS MEETS OR EXCEEDS CLASS e. THE FOLLOWING SURVEY INFORMATION WAS USED TO PERFORM THE GPS SURVEY: POSITION ACCURACY: <0A2 m ' TYPE OF FIELD PROCEDURE: RTKNRS 8 CONVENTIONAL 1 0' DATE(S) OF SURVEY: 08/14/2017 I OATUWEPOCH: NAD 83 PUBLISHED FIELD CONTROL MONUMENTS USED: CORS STA. NCEC 1-3 GEOID MODEL GE01012B I COMBINED GRID FACTOR: 0.99989078 UNITS: U.S. SURVEY FEET THIS PLAT WAS PREPARED N ACCORDANCE WITH G.S. 47-M AS AMENDED, I WITNESS MY ORIGINAL SIGNATURE. LICENSE NUMBER AND SEAL THIS m ti DAY OF 8. WILLIAM J. CASH, PLS L-2469 I LEGEND NOTES: 1. AREA BY COORDINATE COMPUTATION. O IRON PIPE FOUND ��� �� PING EASEMENT 4. 3. ALL WTAN C63 ARE HORIZONTAL GRID, IN US SURVEY FeET SUBJECT TO ANY AND ALL EASEMENTS, RWTS47FWAY. STREETS AND • EASEMENT POINT SUBJECT BOUNDARY LINE ASSESSMENTS. AS THE SAME MAY APPEAR OF RECORD IN THE REGISTER '— ADJONER BOUNDARY LINE OF OEEDO OFFICE. CLERK OF COU RL TOWN OR COUNTY TAX OFFICES, COMPUTED POINT OR WHICH MAY HAVE BEEN ACOUIiED BY PRESCRIPTIVE USE CENTERLINE OF ROAD 4. THIS SURVEY S INTENDED FOR THE PURPOSES OF EASEMENT P.O.B. POINT OF BEGINNING EDGE OF ROAD ACOIISITION ONLY, AND IS NOT INTENDED TO BE A BOUNDARY SURVEY P.O.C. POINT OF COMMENCEMENT — - -- • — — PERMANENT RIGHT-OF-WAY 5. OF THE LANDS SHOWN HEREON. THIS MAP HAS NOT BEEN REVEV ED BY A LOCAL GOVERNMENT AGENCY —0--0 FENCE FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT UTILITY WETLAND REGULATIONS. NO KC.2OWNOT STATION SITE wo 1 NN MAPMAYMONUMENTS CERTIFIED SUURRVE„Y AND HAS BEEN EASEMENT REVIEWED BYALOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVEUXWHT REGULATIONS AND HAS NOT BUN REVIEWED FOR COMPLIANCE WITH RECORDING REOUIREMEN73 FOR PLATS. ENCOMPASS SERVICES, PLLC EASEYENTFDR: PIEDMONT NATURAL GAS 14279 NC HWY 210, ANGIER, NC 27501 ACROS8 7M LAMAS OF: NORTH CAROLINA - LICENSE NO. P-1049 CITY OF GREENVILLE, NORTH CAROLINA, A NORTH CAROLINA MUNICIPAL CORPORATION DRAWN BY: FB REVISION NO: 1 DEED BOOK 250, PAGE 354 PACTOLUS TOWNSHIP, PITT COUNTY. NC PROJECT IR 1/2451417/ TRACT NC-PT-035.000 DATE: 3108118 PROJECT NO: 81279 JOB NO: - PAGE: 1 OF 1 Book: 3774 Page: 121 Seq:6 Book: 3774 Page: 121 Page 6 of 6 Appendix E: Permitting References USACE Nationwide Permits 13, Bank Stabilization, and 40, Agricultural Activities FEMA Flood Insurance Rate Map of NC, Panel 5607 J, 5608 K, and 5617 J NC Sedimentation Pollution Control Act of 1973 GUC Bank Parcel Development Plan Appendices Tar -Pamlico River Basin 8-Digit HUC: 03020103 NATIONWIDE PERMIT 13 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2012 Bank Stabilization. Bank stabilization activities necessary for erosion prevention, provided the activity meets all of the following criteria: (a) No material is placed in excess of the minimum needed for erosion protection; (b) The activity is no more than 500 feet in length along the bank, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (c) The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (d) The activity does not involve discharges of dredged or fill material into special aquatic sites, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (e) No material is of a type, or is placed in any location, or in any manner, that will impair surface water flow into or out of any waters of the United States; (f) No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, (g) The activity is not a stream channelization activity. This NWP also authorizes temporary structures, fills, and work necessary to construct the bank stabilization activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. Invasive plant species shall not be used for bioengineering or vegetative bank stabilization. Notification: The permittee must submit a pre -construction notification to the district engineer prior to commencing the activity if the bank stabilization activity: (1) involves discharges into special aquatic sites; or (2) is in excess of 500 feet in length; or (3) will involve the discharge of greater than an average of one cubic yard per running foot along the bank below the plane of the ordinary high water mark or the high tide line. (See general condition 31.) (Sections 10 and 404) NATIONWIDE PERMIT CONDITIONS The followinz General Conditions must be followed in order for any_ authorization by a NWP to he valid• 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 2 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre -construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre -construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA- approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity -specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or threatened species or designated critical habitat, the pre -construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non - Federal applicant of the Corps' determination within 45 days of receipt of a complete pre - construction notification. In cases where the non -Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species -specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. .19 (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre -construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non -Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre -construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA 5 section 106 consultation is required and will occur, the district engineer will notify the non - Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 0 23. Miti ag tion. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland losses that exceed 1/10-acre and require pre -construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project -specific waiver of this requirement. For wetland losses of I/IO-acre or less that require pre -construction notification, the district engineer may determine on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) — (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (4) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre -construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of 7 the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in -lieu fee programs, or separate permittee-responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee-responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safelyopoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non -Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee- responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: 0 (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity -specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. 31. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre -construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; 10 (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non -Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non -Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form of Pre -Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. 11 (2) For all NWP activities that require pre -construction notification and result in the loss of greater than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre -construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre -construction notification, the district engineer will immediately provide (e.g., via e- mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site -specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre -construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre -construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre -construction notifications to expedite agency coordination. D. District Engineer's Decision 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project, this determination will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or 52, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors, such as the environmental setting in the 12 vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse effects determination. The district engineer may add case -specific special conditions to the NWP authorization to address site -specific environmental concerns. 2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10- acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the permittee and include any activity -specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP, including any activity -specific conditions added to the NWP authorization by the district engineer. 3. If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (a) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (c) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period, with activity -specific 13 conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. FURTHER INFORMATION 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. DEFINITIONS Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. Discharze: The term "discharge" means any discharge of dredged or fill material. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. High Tide Line: The line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence 14 of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Independent utility: A test to determine what constitutes a single and complete non -linear project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi -phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable. Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre -construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States. Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non -tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of standing or 15 flowing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas (see 33 CFR 328.3(e)). Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre -construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre -construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre -construction notification may be voluntarily submitted in cases where pre -construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize Pools. Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine -marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through 16 which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term "single and complete project" is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non -linear project: For non -linear projects, the term "single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non -linear project must have independent utility (see definition of "independent utility"). Single and complete non -linear projects may not be "piecemealed" to avoid the limits in an NWP authorization. Stormwater mana ems: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream's course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent 17 mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line, which is defined at 33 CFR 328.3(d). Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a jurisdictional wetland is adjacent — meaning bordering, contiguous, or neighboring — to a waterbody determined to be a water of the United States under 33 CFR 328.3(a)(1)-(6), that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands. Final Regional Conditions 2012 NOTICE ABOUT WEB LINKS IN THIS DOCUMENT. - The web links (both internal to our District and any external links to collaborating agencies) in this document are valid at the time ofpublication. However, the Wilmington District Regulatory Program web page addresses, as with other agency web sites, may change over the timeframe of the five year Nationwide Permit renewal cycle, in response to policy mandates or technology advances. While we will make every effort to check on the integrity of our web links and provide re -direct pages whenever possible, we ask that you report any broken links to us so we can keep the page information current and usable. We apologize in advanced for any broken links that you may encounter, and we ask that you navigate from the regulatory home page (wetlands and stream permits) of the Wilmington District Corps of Engineers, to the `Permits " section of our web site to find links for pages that cannot be found by clicking directly on the listed web link in this document. Final 2012 Regional Conditions for Nationwide Permits (NWP) in the Wilmington District 1.0 Excluded Waters The Corps has identified waters that will be excluded from the use of all NWP's during certain timeframes. These waters are: 1.1 Anadromous Fish Spawning Areas Waters of the United States identified by either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish spawning areas are excluded during the period between February 15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps. 1.2 Trout Waters Moratorium Waters of the United States in the twenty-five designated trout counties of North Carolina are excluded during the period between October 15 and April 15 without prior written approval from the NCWRC. (See Section 2.7 for a list of the twenty-five trout counties). 1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service (NMFS) Waters of the United States designated as sturgeon spawning areas are excluded during the period between February 1 and June 30, without prior written approval from the NMFS. 19 2.0 Waters Requiring Additional Notification The Corps has identified waters that will be subject to additional notification requirements for activities authorized by all NWP's. These waters are: 2.1 Western NC Counties that Drain to Designated Critical Habitat For proposed activities within Waters of the U.S. that require a Pre -Construction Notification pursuant to General Condition 31 (PCN) and are located in the sixteen counties listed below, applicants must provide a copy of the PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition 18 for specific notification requirements related to Federally Endangered Species and the following website for information on the location of designated critical habitat. Counties with tributaries that drain to designated critical habitat that require notification to the Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood, Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington District has developed the following website for applicants which provides guidelines on how to review linked websites and maps in order to fulfill NWP general condition 18 requirements: http://www.saw.usace.arLny.mil/wetlands/ESA Applicants who do not have internet access may contact the appropriate US Fish and Wildlife Service offices listed below or the US Army Corps of Engineers at (910) 251- 4633: US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 Asheville US Fish and Wildlife Service Office counties: All counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Raleigh US Fish and Wildlife Service Office counties: all counties east of and including Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. 20 2.2 Special Designation Waters Prior to the use of any NWP in any of the following identified waters and contiguous wetlands in North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN). The North Carolina waters and contiguous wetlands that require additional notification requirements are: "Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the North Carolina Environmental Management Commission; "Inland Primary Nursery Areas" (IPNA) as designated by the NCWRC; "Contiguous Wetlands" as defined by the North Carolina Environmental Management Commission; or "Primary Nursery Areas" (PNA) as designated by the North Carolina Marine Fisheries Commission. 2.3 Coastal Area Management Act (LAMA) Areas of Environmental Concern Non-federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (CAMA) must also obtain the required CAMA permit. Development activities for non-federal projects may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field Office — 69 Darlington Avenue, Wilmington, NC 28403 or Washington Field Office — 2407 West 5th Street, Washington, NC 27889). 2.4 Barrier Islands Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN). 2.5 Mountain or Piedmont Bogs Prior to the use of any NWP in a Bog classified by the North Carolina Wetland Assessment Methodology (NCWAM), applicants shall comply with Nationwide Permit General Condition 31 (PCN). The latest version of NCWAM is located on the NC DWQ web site at: http://portal.ncdenr.or�z/web/wq/swp/ws/pdu/ncwam . 2.6 Animal Waste Facilities Prior to use of any NWP for construction of animal waste facilities in waters of the US, including wetlands, applicants shall comply with Nationwide Permit General Condition 31 (PCN). 2.7 Trout Waters Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty- five (25) designated trout counties of North Carolina, the applicant shall comply with Nationwide Permit General Condition 31 (PCN). The applicant shall also provide a copy of the notification to the appropriate NCWRC office to facilitate the determination of any potential 21 impacts to designated Trout Waters. Notification to the Corps of Engineers will include a statement with the name of the NCWRC biologist contacted, the date of the notification, the location of work, a delineation of wetlands, a discussion of alternatives to working in the mountain trout waters, why alternatives were not selected, and a plan to provide compensatory mitigation for all unavoidable adverse impacts to mountain trout waters. NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 20830 Great Smoky Mtn. Expressway Ashe Mitchell Wilkes Waynesville, NC 28786 Avery Stokes Telephone: 828 452-2546 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: 828 452-2546 Graham Madison Transylvania Fax: 828 452-7772 Haywood McDowell Yancey 3.0 List of Corps Regional Conditions for All Nationwide Permits The following conditions apply to all Nationwide Permits in the Wilmington District: 3.1 Limitation of Loss of Perennial Stream Bed NWPs may not be used for activities that may result in the loss or degradation of greater than 300 total linear feet of perennial, intermittent or ephemeral stream, unless the District Commander has waived the 300 linear foot limit for ephemeral and intermittent streams on a case -by -case basis and he determines that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment. Loss of stream includes the linear feet of stream bed that is filled, excavated, or flooded by the proposed activity. Waivers for the loss of ephemeral and intermittent streams must be in writing and documented by appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet threshold for NWPs. *NOTE: Applicants should utilize the most current methodology prescribed by Wilmington District to assess stream function and quality. Information can be found at: http://www.saw.usace.army.mil/wetlands/permits/nwp/nwp20l2 (see "Quick Links") 22 3.2 Mitigation for Loss of Stream Bed For any NWP that results in a loss of more than 150 linear feet of perennial and/or ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate for more than minimal individual and cumulative adverse impacts to the aquatic environment. For stream losses less than 150 linear feet, that require a PCN, the District Commander may determine, on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic environment. 3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet. Prior to use of any NWP for any activity which impacts more than 150 total linear feet of perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide Permit General Condition 31 (PCN). This applies to NWPs that do not have specific notification requirements. If a NWP has specific notification requirements, the requirements of the NWP should be followed. 3.4 Restriction on Use of Live Concrete For all NWPs which allow the use of concrete as a building material, live or fresh concrete, including bags of uncured concrete, may not come into contact with the water in or entering into waters of the US. Water inside coffer dams or casings that has been in contact with wet concrete shall only be returned to waters of the US when it is no longer poses a threat to aquatic organisms. 3.5 Requirements for Using Riprap for Bank Stabilization For all NWPs that allow for the use of riprap material for bank stabilization, the following measures shall be applied: 3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. 3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan drawings. 3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. 3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite, marl, or broken concrete. 23 3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional condition would result in greater adverse impacts to the aquatic environment. 3.6 Safe Passage Requirements for Culvert Placement For all NWPs that involve the construction/installation of culverts, measures will be included in the construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert should not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert should be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow should be determined from gage data, if available. In the absence of such data, bankfull flow can be used as a comparable level. In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of the bottom of the pipe/culvert at least one foot below normal bed elevation when they are placed within the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC as designated by CAMA, and/or all streams appearing as blue lines on United States Geological Survey (USGS) 7.5-minute quadrangle maps. Circular Culvert ;10000 Streambed Material 12 Inches T Invert Rise (Diameter) In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall be made to maintain the existing channel slope. The bottom of the culvert must be placed at a 24 depth below the natural stream bottom to provide for passage during drought or low flow conditions. Culverts are to be designed and constructed in a manner that minimizes destabilization and head cutting. Destabilizing the channel and head cutting upstream should be considered and appropriate actions incorporated in the design and placement of the culvert. A waiver from the depth specifications in this condition may be requested in writing. The waiver will be issued if it can be demonstrated that the proposal would result in the least impacts to the aquatic environment. All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a manner that does not restrict the flow and circulation patterns of waters of the United States. Culverts placed across wetland fills purely for the purposes of equalizing surface water do not have to be buried. 3.7 Notification to NCDENR Shellfish Sanitation Section Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination from the disposal area and cause a temporary shellfish closure to be made. Such notification shall also be provided to the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean beach should occur between November I and April 30 when recreational usage is low. Only clean sand should be used and no dredged sand from closed shell fishing areas may be used. If beach disposal were to occur at times other than stated above or if sand from a closed shell fishing area is to be used, a swimming advisory shall be posted, and a press release shall be issued by the permittee. 3.8 Preservation of Submerged Aquatic Vegetation Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP within any of the twenty coastal counties defined by North Carolina's Coastal Area Management Act of 1974 (CAMA). 3.9 Sedimentation and Erosion Control Structures and Measures 3.9.1. All PCNs will identify and describe sedimentation and erosion control structures and measures proposed for placement in waters of the US. The structures and measures should be depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands and streams. 25 4.0 Additional Regional Conditions for Specific Nationwide Permits 4.1 NWP # 13 — Bank Stabilization 4.1.1. Unanchored trees, treetops, or debris may not be used as stream bank stabilization material. 4.1.2. Properly anchored and cabled structural stabilization techniques, such as timber crib structures, revetments, and root wads, are acceptable materials to stabilize stream banks. 4.1.3. If riprap stabilization is needed, it should be placed only on the stream banks, or, if it is necessary to be placed in the stream bed, the finished top elevation of the riprap should not exceed that of the original stream bed. 26 NATIONWIDE PERMIT 40 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2012 Agricultural Activities. Discharges of dredged or fill material into non -tidal waters of the United States for agricultural activities, including the construction of building pads for farm buildings. Authorized activities include the installation, placement, or construction of drainage tiles, ditches, or levees; mechanized land clearing; land leveling; the relocation of existing serviceable drainage ditches constructed in waters of the United States; and similar activities. This NWP also authorizes the construction of farm ponds in non -tidal waters of the United States, excluding perennial streams, provided the farm pond is used solely for agricultural purposes. This NWP does not authorize the construction of aquaculture ponds. This NWP also authorizes discharges of dredged or fill material into non -tidal waters of the United States to relocate existing serviceable drainage ditches constructed in non -tidal streams. The discharge must not cause the loss of greater than 1/2-acre of non -tidal waters of the United States, including the loss of no more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by making a written determination concluding that the discharge will result in minimal adverse effects. This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters. Notification: The permittee must submit a pre -construction notification to the district engineer prior to commencing the activity. (See general condition 31.) (Section 404) Note: Some discharges for agricultural activities may qualify for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4). This NWP authorizes the construction of farm ponds that do not qualify for the Clean Water Act Section 404(f)(1)(C) exemption because of the recapture provision at Section 404(f)(2). NATIONWIDE PERMIT CONDITIONS The followinz General Conditions must be followed in order for any_ authorization by a NWP to he valid• 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 2 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre -construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre -construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA- approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity -specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or threatened species or designated critical habitat, the pre -construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non - Federal applicant of the Corps' determination within 45 days of receipt of a complete pre - construction notification. In cases where the non -Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species -specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. .19 (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre -construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non -Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre -construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA 5 section 106 consultation is required and will occur, the district engineer will notify the non - Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 0 23. Miti ag tion. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland losses that exceed 1/10-acre and require pre -construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project -specific waiver of this requirement. For wetland losses of I/IO-acre or less that require pre -construction notification, the district engineer may determine on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) — (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (4) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre -construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of 7 the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in -lieu fee programs, or separate permittee-responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee-responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safelyopoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non -Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee- responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: 0 (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity -specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. 31. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre -construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; 10 (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non -Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non -Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form of Pre -Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. 11 (2) For all NWP activities that require pre -construction notification and result in the loss of greater than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre -construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre -construction notification, the district engineer will immediately provide (e.g., via e- mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site -specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre -construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre -construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre -construction notifications to expedite agency coordination. D. District Engineer's Decision 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project, this determination will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or 52, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors, such as the environmental setting in the 12 vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse effects determination. The district engineer may add case -specific special conditions to the NWP authorization to address site -specific environmental concerns. 2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10- acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the permittee and include any activity -specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP, including any activity -specific conditions added to the NWP authorization by the district engineer. 3. If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (a) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (c) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period, with activity -specific 13 conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. FURTHER INFORMATION 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. DEFINITIONS Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. Discharze: The term "discharge" means any discharge of dredged or fill material. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. High Tide Line: The line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence 14 of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Independent utility: A test to determine what constitutes a single and complete non -linear project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi -phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable. Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre -construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States. Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non -tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of standing or 15 flowing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas (see 33 CFR 328.3(e)). Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre -construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre -construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre -construction notification may be voluntarily submitted in cases where pre -construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize Pools. Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine -marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through 16 which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term "single and complete project" is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non -linear project: For non -linear projects, the term "single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non -linear project must have independent utility (see definition of "independent utility"). Single and complete non -linear projects may not be "piecemealed" to avoid the limits in an NWP authorization. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream's course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent 17 mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line, which is defined at 33 CFR 328.3(d). Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a jurisdictional wetland is adjacent — meaning bordering, contiguous, or neighboring — to a waterbody determined to be a water of the United States under 33 CFR 328.3(a)(1)-(6), that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands. Final Regional Conditions 2012 NOTICE ABOUT WEB LINKS IN THIS DOCUMENT. - The web links (both internal to our District and any external links to collaborating agencies) in this document are valid at the time ofpublication. However, the Wilmington District Regulatory Program web page addresses, as with other agency web sites, may change over the timeframe of the five year Nationwide Permit renewal cycle, in response to policy mandates or technology advances. While we will make every effort to check on the integrity of our web links and provide re -direct pages whenever possible, we ask that you report any broken links to us so we can keep the page information current and usable. We apologize in advanced for any broken links that you may encounter, and we ask that you navigate from the regulatory home page (wetlands and stream permits) of the Wilmington District Corps of Engineers, to the "Permits" section of our web site to find links for pages that cannot be found by clicking directly on the listed web link in this document. Final 2012 Regional Conditions for Nationwide Permits (NWP) in the Wilmington District 1.0 Excluded Waters The Corps has identified waters that will be excluded from the use of all NWP's during certain timeframes. These waters are: 1.1 Anadromous Fish Spawning Areas Waters of the United States identified by either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish spawning areas are excluded during the period between February 15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps. 1.2 Trout Waters Moratorium Waters of the United States in the twenty-five designated trout counties of North Carolina are excluded during the period between October 15 and April 15 without prior written approval from the NCWRC. (See Section 2.7 for a list of the twenty-five trout counties). 1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service (NMFS) Waters of the United States designated as sturgeon spawning areas are excluded during the period between February 1 and June 30, without prior written approval from the NMFS. 19 2.0 Waters Requiring Additional Notification The Corps has identified waters that will be subject to additional notification requirements for activities authorized by all NWP's. These waters are: 2.1 Western NC Counties that Drain to Designated Critical Habitat For proposed activities within Waters of the U.S. that require a Pre -Construction Notification pursuant to General Condition 31 (PCN) and are located in the sixteen counties listed below, applicants must provide a copy of the PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition 18 for specific notification requirements related to Federally Endangered Species and the following website for information on the location of designated critical habitat. Counties with tributaries that drain to designated critical habitat that require notification to the Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood, Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington District has developed the following website for applicants which provides guidelines on how to review linked websites and maps in order to fulfill NWP general condition 18 requirements: http://www.saw.usace.arLny.mil/wetlands/ESA Applicants who do not have internet access may contact the appropriate US Fish and Wildlife Service offices listed below or the US Army Corps of Engineers at (910) 251- 4633: US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 Asheville US Fish and Wildlife Service Office counties: All counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Raleigh US Fish and Wildlife Service Office counties: all counties east of and including Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. 20 2.2 Special Designation Waters Prior to the use of any NWP in any of the following identified waters and contiguous wetlands in North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN). The North Carolina waters and contiguous wetlands that require additional notification requirements are: "Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the North Carolina Environmental Management Commission; "Inland Primary Nursery Areas" (lPNA) as designated by the NCWRC; "Contiguous Wetlands" as defined by the North Carolina Environmental Management Commission; or "Primary Nursery Areas" (PNA) as designated by the North Carolina Marine Fisheries Commission. 2.3 Coastal Area Management Act (LAMA) Areas of Environmental Concern Non-federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (CAMA) must also obtain the required CAMA permit. Development activities for non-federal projects may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field Office — 69 Darlington Avenue, Wilmington, NC 28403 or Washington Field Office — 2407 West 5th Street, Washington, NC 27889). 2.4 Barrier Islands Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN). 2.5 Mountain or Piedmont Bogs Prior to the use of any NWP in a Bog classified by the North Carolina Wetland Assessment Methodology (NCWAM), applicants shall comply with Nationwide Permit General Condition 31 (PCN). The latest version of NCWAM is located on the NC DWQ web site at: http://portal.ncdenr.or�z/web/wq/swp/ws/pdu/ncwam . 2.6 Animal Waste Facilities Prior to use of any NWP for construction of animal waste facilities in waters of the US, including wetlands, applicants shall comply with Nationwide Permit General Condition 31 (PCN). 2.7 Trout Waters Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty- five (25) designated trout counties of North Carolina, the applicant shall comply with Nationwide Permit General Condition 31 (PCN). The applicant shall also provide a copy of the notification to the appropriate NCWRC office to facilitate the determination of any potential 21 impacts to designated Trout Waters. Notification to the Corps of Engineers will include a statement with the name of the NCWRC biologist contacted, the date of the notification, the location of work, a delineation of wetlands, a discussion of alternatives to working in the mountain trout waters, why alternatives were not selected, and a plan to provide compensatory mitigation for all unavoidable adverse impacts to mountain trout waters. NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 20830 Great Smoky Mtn. Expressway Ashe Mitchell Wilkes Waynesville, NC 28786 Avery Stokes Telephone: 828 452-2546 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: 828 452-2546 Graham Madison Transylvania Fax: 828 452-7772 Haywood McDowell Yancey 3.0 List of Corps Regional Conditions for All Nationwide Permits The following conditions apply to all Nationwide Permits in the Wilmington District: 3.1 Limitation of Loss of Perennial Stream Bed NWPs may not be used for activities that may result in the loss or degradation of greater than 300 total linear feet of perennial, intermittent or ephemeral stream, unless the District Commander has waived the 300 linear foot limit for ephemeral and intermittent streams on a case -by -case basis and he determines that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment. Loss of stream includes the linear feet of stream bed that is filled, excavated, or flooded by the proposed activity. Waivers for the loss of ephemeral and intermittent streams must be in writing and documented by appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet threshold for NWPs. *NOTE: Applicants should utilize the most current methodology prescribed by Wilmington District to assess stream function and quality. Information can be found at: http://www.saw.usace.army.mil/wetlands/permits/nwp/nwp20l2 (see "Quick Links") 22 3.2 Mitigation for Loss of Stream Bed For any NWP that results in a loss of more than 150 linear feet of perennial and/or ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate for more than minimal individual and cumulative adverse impacts to the aquatic environment. For stream losses less than 150 linear feet, that require a PCN, the District Commander may determine, on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic environment. 3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet. Prior to use of any NWP for any activity which impacts more than 150 total linear feet of perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide Permit General Condition 31 (PCN). This applies to NWPs that do not have specific notification requirements. If a NWP has specific notification requirements, the requirements of the NWP should be followed. 3.4 Restriction on Use of Live Concrete For all NWPs which allow the use of concrete as a building material, live or fresh concrete, including bags of uncured concrete, may not come into contact with the water in or entering into waters of the US. Water inside coffer dams or casings that has been in contact with wet concrete shall only be returned to waters of the US when it is no longer poses a threat to aquatic organisms. 3.5 Requirements for Using Riprap for Bank Stabilization For all NWPs that allow for the use of riprap material for bank stabilization, the following measures shall be applied: 3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. 3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan drawings. 3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. 3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite, marl, or broken concrete. 23 3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional condition would result in greater adverse impacts to the aquatic environment. 3.6 Safe Passage Requirements for Culvert Placement For all NWPs that involve the construction/installation of culverts, measures will be included in the construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert should not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert should be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow should be determined from gage data, if available. In the absence of such data, bankfull flow can be used as a comparable level. In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of the bottom of the pipe/culvert at least one foot below normal bed elevation when they are placed within the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC as designated by CAMA, and/or all streams appearing as blue lines on United States Geological Survey (USGS) 7.5-minute quadrangle maps. Circular Culvert ;10000 Streambed Material 12 Inches T Invert Rise (Diameter) In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall be made to maintain the existing channel slope. The bottom of the culvert must be placed at a 24 depth below the natural stream bottom to provide for passage during drought or low flow conditions. Culverts are to be designed and constructed in a manner that minimizes destabilization and head cutting. Destabilizing the channel and head cutting upstream should be considered and appropriate actions incorporated in the design and placement of the culvert. A waiver from the depth specifications in this condition may be requested in writing. The waiver will be issued if it can be demonstrated that the proposal would result in the least impacts to the aquatic environment. All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a manner that does not restrict the flow and circulation patterns of waters of the United States. Culverts placed across wetland fills purely for the purposes of equalizing surface water do not have to be buried. 3.7 Notification to NCDENR Shellfish Sanitation Section Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination from the disposal area and cause a temporary shellfish closure to be made. Such notification shall also be provided to the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean beach should occur between November I and April 30 when recreational usage is low. Only clean sand should be used and no dredged sand from closed shell fishing areas may be used. If beach disposal were to occur at times other than stated above or if sand from a closed shell fishing area is to be used, a swimming advisory shall be posted, and a press release shall be issued by the permittee. 3.8 Preservation of Submerged Aquatic Vegetation Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP within any of the twenty coastal counties defined by North Carolina's Coastal Area Management Act of 1974 (CAMA). 3.9 Sedimentation and Erosion Control Structures and Measures 3.9.1. All PCNs will identify and describe sedimentation and erosion control structures and measures proposed for placement in waters of the US. The structures and measures should be depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands and streams. 25 4.0 Additional Regional Conditions for Specific Nationwide Permits 4.1 NWP # 40 - Agricultural Activities 4.1.1. This NWP may not be used in channelized or natural streams. 4.1.2. Discharges of dredged or fill material into waters of the US, including wetlands, within the floodway resulting in permanent above -grade fills are not authorized by this NWP. *NOTE: Floodway-The area designated and/or regulated by Federal, state, or local requirements to provide for the discharge of the base flood so the cumulative increase in water surface elevation is no more than a designated height identified by the regulating entity within the 100- year floodplain. 4.1.3. Discharges of dredged or fill material into waters of the US, including wetlands, within the mapped FEMA 100-year floodplain resulting in permanent above -grade fills are not authorized by this NWP. 4.1.4. This nationwide permit may not be used to authorize the discharges of dredged or fill material into waters of the United States that have been identified or designated by the State of North Carolina as: Outstanding Resource Waters High Quality Waters Coastal Wetlands as defined by North Carolina's Coastal Area Management Act Wetlands adjacent to these waters 26 FLOOD DAMAGE PREVENTION ORDINANCE Section 1. Statutory Authorization County: The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3 and 4 of Article 18 of Chapter 153A; and Part 121, Article 6 of Chapter 153A of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare. Municipal: The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of Article 19 of Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare. Therefore, the Board of County Commissioners of Pitt County, North Carolina, does ordain as follows: Section 2. Finding of Fact A. The flood prone areas within the jurisdiction of Pitt County are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and gov- ernmental services, extraordinary public expenditures of flood protection and relief, and impair- ment of the tax base, all of which adversely affect the public health, safety, and general welfare. B. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities and by the occupancy in flood prone areas of uses vul- nerable to floods or other hazards. Section 3. Statement of Purpose It is the purpose of this Ordinance to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to: A. Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion, flood heights or velocities; B. Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters; D. Control filling, grading, dredging, and all other development that may increase erosion or flood damage; and E. Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which may increase flood hazards to other lands. Flood Damage Prevention Ordinance Pagel of 23 Section 4. Objectives The objectives of this Ordinance are to: A. Protect human life, safety, and health; B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business losses and interruptions; E. Minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located in flood prone areas; F. Help maintain a stable tax base by providing for the sound use and development of flood prone areas; and G. Ensure that potential buyers are aware that property is in a Special Flood Hazard Area. Section 5. Definitions Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable appli- cation. Accessory Structure (Appurtenant Structure): A structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building. Addition (to an existing building): An extension or increase in the floor area or height of a building or structure. Appeal: A request for a review of the Floodplain Administrator's interpretation of any provision of this Ordinance. Area of Shallow Flooding: A designated Zone AO on a community's Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one (1) to three (3) feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of Special Flood Hazard: see Special Flood Hazard Area (SFHA) Base Flood: The flood having a one (1) percent chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE): A determination of the water surface elevations of the base flood as pub- lished in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This elevation, when combined with the Freeboard, estab- lishes the Regulatory Flood Protection Elevation. Basement: Any area of the building having its floor subgrade (below ground level) on all sides. Building: see Structure Flood Damage Prevention Ordinance Page 2 of 23 Chemical Storage Facility: A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products. Development: Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling opera- tions, or storage of equipment or materials. Disposal: As defined in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leak- ing, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. Elevated Building: A non -basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Encroachment: The advance or infringement of uses, fill, excavation, buildings, structures or develop- ment into a floodplain, which may impede or alter the flow capacity of a floodplain. Existing Manufactured Home Park or Manufactured Home Subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the initial effective date of the Floodplain Management Regulations adopted by the community. Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of inland or tidal waters; and/or B. The unusual and rapid accumulation or runoff of surface waters from any source. Flood Boundary and Floodway Map (FBFM): An official map of a community, issued by the Federal Emergency Management Agency, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM). Flood Hazard Boundary Map (FHBM): An official map of a community, issued by the Federal Emer- gency Management Agency, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A. Flood Insurance: The insurance coverage provided under the National Flood Insurance Program. Flood Insurance Rate Map (FIRM): An official map of a community, issued by the Federal Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk premium zones appli- cable to the community are delineated. Flood Insurance Study (FIS): An examination, evaluation, and determination of flood hazards, corre- sponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if pub- lished. Flood Prone Area: see Floodplain Flood Damage Prevention Ordinance Page 3 of 23 Flood Zone: A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area. Floodplain: Any land area susceptible to being inundated by water from any source. Floodplain Administrator: The individual appointed to administer and enforce the Floodplain Manage- ment Regulations. Floodplain Development Permit: Any type of permit that is required in conformance with the provisions of this Ordinance, prior to the commencement of any development activity. Floodplain Management: The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the flood - plain, including, but not limited to, emergency preparedness plans, flood control works, floodplain man- agement regulations, and open space plans. Floodplain Management Regulations: This Ordinance and other zoning ordinances, subdivision regula- tions, building codes, health regulations, special purpose ordinances, and other applications of police power. This term describes Federal, State or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodproofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents. Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Freeboard: The height added to the Base Flood Elevation (BFE) to account for the many unknown fac- tors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge openings, and the hydrological effect of urbanization of the watershed. The Base Flood Elevation (BFE) plus the freeboard establishes the Regu- latory Flood Protection Elevation. Functionally Dependent Facility: A facility which cannot be used for its intended purpose unless it is located in close proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term stor- age, manufacture, sales, or service facilities. Hazardous Waste Management Facility: As defined in NCGS 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste. Highest Adjacent Grade (HAG): The highest natural elevation of the ground surface, prior to construc- tion, immediately next to the proposed walls of the structure. Historic Structure: Any structure that is: A. Listed individually in the National Register of Historic Places (a listing maintained by the US Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; B. Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; Flood Damage Prevention Ordinance Page 4 of 23 C. Individually listed on a local inventory of historic landmarks in communities with a Certified Local Government (CLG) Program; or D. Certified as contributing to the historical significance of a historic district designated by a commu- nity with a Certified Local Government (CLG) Program. Certified Local Government (CLG) Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980. Lowest Adjacent Grade (LAG): The elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building. Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this Ordinance. Manufactured Home: A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term Manufactured Home does not include a Recreational Vehicle. Market Value: The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (Actual Cash Value); or adjusted tax assessed values. Mean Sea Level: For purposes of this Ordinance, the National Geodetic Vertical Datum (NGVD) as cor- rected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used. New Construction: Structures for which the "start of construction" commenced on or after the effective date of the initial floodplain management regulations and includes any subsequent improvements to such structures. Nonconforming Building or Development: Any legally existing building or development which fails to comply with the current provisions of this Ordinance. Non -Encroachment Area: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report. Post -FIRM: Construction or other development for which the "start of construction" occurred on or after the effective date of the initial Flood Insurance Rate Map. Pre -FIRM: Construction or other development for which the "start of construction" occurred before the effective date of the initial Flood Insurance Rate Map. Principally Above Ground: At least 51 % of the actual cash value of the structure is above ground. Public Safety and/or Nuisance: Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Flood Damage Prevention Ordinance Page 5 of 23 Recreational Vehicle (RV): A vehicle, which is: A. Built on a single chassis; B. 400 square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use. Reference Level: The top of the lowest floor for structures within Special Flood Hazard Areas designated as Zone Al-A30, AE, A, A99 or AO. Regulatory Flood Protection Elevation (RFPE): The elevation, in relation to mean sea level, to which the refer- Top of Floor ence level of all structures and other development located Floor Joist within Special Flood Hazard Areas must be protected. Hvac unit Within areas where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two (2) feet of freeboard. For manufactured homes, the RFPE shall be the BFE plus two (2) feet provided that no portion of the manufactured home below the lowest floor is lower RFPE than the BFE. Allowable elements below the lowest floor 2, are limited to electrical, plumbing, mechanical, and duct- Ductwork DUCT work which are considered a standard part of the manu- BFE above BFE factured home. All electrical, mechanical, plumbing, and ductwork which is not a part of the manufactured home shall be no lower than two (2) feet above the BFE. Cross- over ducts for double and triple wide manufactured homes are specifically exempted from this freeboard requirement provided that the bottom of all such crossover ducts are above the base flood elevation. In areas where no BFE has been established, this elevation shall be at least two (2) feet above the highest adjacent grade. Remedy a Violation: To bring the structure or other development into compliance with State and com- munity floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncom- pliance. Ways that impacts may be reduced include protecting the structure or other affected develop- ment from flood damages, implementing the enforcement provisions of the Ordinance or otherwise deter- ring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. Repetitive Loss: Flood -related damage sustained by a structure on two separate occasions during a 10- year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. Riverine: Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Salvage Yard: Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery. Solid Waste Disposal Facility: Any facility involved in the disposal of solid waste, as defined in NCGS 130A-290(a)(35). Solid Waste Disposal Site: As defined in NCGS 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method. Flood Damage Prevention Ordinance Page 6 of 23 Special Flood Hazard Area (SFHA): The land in the floodplain subject to a one percent (1%) or greater chance of being flooded in any given year, as determined in Section 7 of this Ordinance. Start of Construction: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. Structure: A walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is principally above ground. Substantial Damage: Damage of any origin sustained by a structure during any one-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. See definition of Substantial Improvement. Substantial Improvement: Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: A. Any correction of existing violations of State or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or B. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. Variance: A grant of relief from the requirements of this Ordinance Violation: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 14 through Section 23 is pre- sumed to be in violation until such time as that documentation is provided. Water Surface Elevation (WSE): The height, in relation to mean sea level, of floods of various magni- tudes and frequencies in the floodplains of riverine areas. Watercourse: A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Section 6. Lands to Which this Ordinance Applies This Ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction, of Pitt County and within the jurisdiction of any other community, including Extra -Territorial Jurisdictions (ETJs), whose gov- erning body agrees, by resolution, to such applicability. Flood Damage Prevention Ordinance Page 7 of 23 Section 7. Basis for Establishing the Special Flood Hazard Areas The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM), for Pitt County dated July 7, 2014, which are adopted by reference and declared to be a part of this ordinance. Future revisions to the FIS or FIRM panels that do not change flood hazard data within the jurisdictional authority of Pitt County are also adopted by reference and declared to be part of this ordinance. Subsequent revisions to the FIRM should be adopted within six months. The initial Flood Insurance Rate Maps are as follows for the jurisdictional areas at the initial date: Pitt County Unincorporated Area, dated January 6, 1983 Ayden, Town of, dated August 4, 1987 Bethel, Town of, dated January 2, 2004 Falkland, Town of, dated January 2, 2004 Farmville, Town of, dated April 1, 1982 Fountain, Town of, dated January 2, 2004 Greenville, City of, dated July 3, 1978 Grifton, Town of, dated February 17, 1982 Grimesland, Town of, dated January 2, 2004 Simpson, Village of, dated January 2, 2004 Winterville, Town of, dated February 24, 1978 Section 8. Establishment of Floodplain Development Permit A Floodplain Development Permit shall be required in conformance with the provisions of this Ordinance prior to the commencement of any development activities within Special Flood Hazard Areas determined in accordance with the provisions of Section 7 of this Ordinance. Section 9. Compliance No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this Ordinance and other applicable regulations. Section 10. Abrogation and Greater Restrictions This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 11. Interpretation In the interpretation and application of this Ordinance, all provisions shall be: A. Considered as minimum requirements; Flood Damage Prevention Ordinance Page 8 of 23 B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under State statutes. Section 12. Warning and Disclaimer of Liability The degree of flood protection required by this Ordinance is considered reasonable for regulatory pur- poses and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of Pitt County or by any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made hereunder. Section 13. Penalties for Violation Violation of the provisions of this Ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special excep- tions, shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50.00 or imprisoned for not more than thirty (30) days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent Pitt County from taking such other lawful action as is necessary to prevent or remedy any violation. Section 14. Designation of Floodplain Administrator The Planning Director or his/her designee, hereinafter referred to as the "Floodplain Administrator", is hereby appointed to administer and implement the provisions of this Ordinance. Section 15. Floodplain Development Application, Permit and Certification Requirements A. Application Requirements. Application for a Floodplain Development Permit shall be made to the Floodplain Administrator prior to any development activities located within Special Flood Hazard Areas. The following items shall be presented to the Floodplain Administrator to apply for a flood - plain development permit: 1. A plot plan drawn to scale which shall include, but shall not be limited to, the following spe- cific details of the proposed floodplain development: a. The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development; b. The boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as determined in Section 7, or a statement that the entire lot is within the Special Flood Hazard Area; c. Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in Section 7; d. The boundary of the floodway(s) or non -encroachment area(s) as determined in Section 7; e. The Base Flood Elevation (BFE) where provided as set forth in Section 7, Section 16, or Section 21; and Flood Damage Prevention Ordinance Page 9 of 23 f. The old and new location of any watercourse that will be altered or relocated as a result of proposed development. 2. Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area including but not limited to: a. Elevation in relation to mean sea level of the proposed reference level (including base- ment) of all structures; b. Elevation in relation to mean sea level to which any non-residential structure in Zone AE, A or AO will be floodproofed; and c. Elevation in relation to mean sea level to which any proposed utility systems will be ele- vated or floodproofed. 3. If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures. 4. A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this Ordinance are met. These details include but are not limited to: a. The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); and b. Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accor- dance with Section 20(D)(3) when solid foundation perimeter walls are used in Zones A, AO, AE, and Al -30. 5. Usage details of any enclosed areas below the lowest floor. 6. Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage. 7. Certification that all other Local, State and Federal permits required prior to floodplain development permit issuance have been received. 8. Documentation for placement of Recreational Vehicles and/or Temporary Structures, when applicable, to ensure that the provisions of Section 20(F) and Section 20(G) of this Ordinance are met. 9. A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood -carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation. B. Permit Requirements. The Floodplain Development Permit shall include, but not be limited to: 1. A description of the development to be permitted under the floodplain development permit. 2. The Special Flood Hazard Area determination for the proposed development in accordance with available data specified in Section 7. Flood Damage Prevention Ordinance Page 10 of 23 3. The Regulatory Flood Protection Elevation required for the reference level and all attendant utilities. 4. The Regulatory Flood Protection Elevation required for the protection of all public utilities. 5. All certification submittal requirements with timelines. 6. A statement that no fill material or other development shall encroach into the floodway or non -encroachment area of any watercourse, as applicable. 7. The flood openings requirements, if in Zones A, AO, AE or Al-30. C. Certification Requirements 1. Elevation Certificates a. An Elevation Certificate (FEMA Form 81-31) is required after the reference level is estab- lished. Within seven (7) calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certifica- tion of the elevation of the reference level, in relation to mean sea level. Any work done within the seven (7) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop - work order for the project. A final as -built Elevation Certificate (FEMA Form 81-31) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as - built construction of the elevation of the reference level and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certifi- cate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as -built construction. Failure to submit the certification or fail- ure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. 2. Floodproofing Certificate If non-residential floodproofing is used to meet the Regulatory Flood Protection Elevation requirements, a Floodproofing Certificate (FEMA Form 81-65), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Flood - plain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certi- fied by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain Development Permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. Flood Damage Prevention Ordinance Page 11 of 23 3. If a manufactured home is placed within Zone A, AO, AE, or Al-30 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required in accordance with the provisions of Section 20(C)(2). 4. If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer's certified report on the effects of the pro- posed project on the flood -carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit. 5. Certification Exemptions. The following structures, if located within Zone A, AO, AE or Al-30, are exempt from the elevation/floodproofing certification requirements specified in Section 15(C)(1) and 15(C)(2): a. Recreational Vehicles meeting requirements of Section 20(F)(1); b. Temporary Structures meeting requirements of Section 20(G); and c. Accessory Structures less than 150 square feet meeting requirements of Section 20(H). Section 16. Duties and Responsibilities of the Floodplain Administrator The Floodplain Administrator shall perform, but not be limited to, the following duties: A. Review all floodplain development applications and issue permits for all proposed development within Special Flood Hazard Areas to assure that the requirements of this Ordinance have been satisfied. B. Review all proposed development within Special Flood Hazard Areas to assure that all necessary Local, State and Federal permits have been received. C. Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notifi- cation to the Federal Emergency Management Agency (FEMA). D. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood -carrying capacity is maintained. E. Prevent encroachments into floodways and non -encroachment areas unless the certification and flood hazard reduction provisions of Section 23 are met. F. Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of Section 15(C). G. Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of Section 15(C). H. Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of Section 15(C). Flood Damage Prevention Ordinance Page 12 of 23 I. When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of Section 15(C) and Section 20(B). J. Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas, floodways, or non -encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Ordinance. K. When Base Flood Elevation (BFE) data has not been provided in accordance with the provisions of Section 7, obtain, review, and reasonably utilize any BFE data, along with floodway data or non -encroachment area data available from a Federal, State, or other source, including data developed pursuant to Section 21(B)(2), in order to administer the provisions of this Ordinance. L. When Base Flood Elevation (BFE) data is provided but no floodway or non -encroachment area data has been provided in accordance with the provisions of Section 7, obtain, review, and rea- sonably utilize any floodway data or non -encroachment area data available from a Federal, State, or other source in order to administer the provisions of this Ordinance. M. When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a Special Flood Hazard Area is above the Base Flood Elevation (BFE), advise the property owner of the option to apply for a Letter of Map Amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file. N. Permanently maintain all records that pertain to the administration of this Ordinance and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended. O. Make on -site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action. P. Issue stop -work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this Ordinance, the Floodplain Administrator may order the work to be immediately stopped. The stop -work order shall be in writing and directed to the person doing or in charge of the work. The stop -work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop -work order constitutes a misdemeanor. Q. Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writ- ing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in secur- ing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked. R. Make periodic inspections throughout the Special Flood Hazard Areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her inspections depart- ment shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action. Flood Damage Prevention Ordinance Page 13 of 23 S. Follow through with corrective procedures of Section 17. T. Review, provide input, and make recommendations for variance requests. U. Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps and studies adopted in accordance with the provisions of Section 7 of this Ordinance, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify State and FEMA of mapping needs. V. Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR-Fs) and Letters of Map Revision (LOMRs). Section 17. Corrective Procedures A. Violations to be Corrected: When the Floodplain Administrator finds violations of applicable State and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification. B. Actions in Event of Failure to Take Corrective Action: If the owner of a building or property shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal service, stating: 1. That the building or property is in violation of the Floodplain Management Regulations; 2. That a hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertain- ing to the matter; and 3. That following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable. C. Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development is in violation of the Flood Damage Prevention Ordinance, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than sixty (60) calendar days, nor more than one hundred twenty (120) calendar days. Where the Floodplain Administra- tor finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible. D. Appeal: Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Adminis- trator and the clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order. E. Failure to Comply with Order: If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion of the court. Flood Damage Prevention Ordinance Page 14 of 23 Section 18. Variance Procedures A. The Board of Adjustment as established by Pitt County, hereinafter referred to as the Appeal Board, shall hear and decide requests for variances from the requirements of this Ordinance. B. Any person aggrieved by the decision of the Appeal Board may appeal such decision to the Court, as provided in Chapter 7A of the North Carolina General Statutes. C. Variances may be issued for 1. The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure; 2. Functionally dependent facilities if determined to meet the definition as stated in Section 5 of this Ordinance, provided provisions of Section 18(I)((2), (3) and (5) have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or 3. Any other type of development, provided it meets the requirements of this Section. D. In passing upon variances, the Appeal Board shall consider all technical evaluations, all relevant factors, all standards specified in other Sections of this Ordinance, and: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location as defined under Section 5 of this Ordi- nance as a functionally dependent facility, where applicable; 6. The availability of alternative locations, not subject to flooding or erosion damage, for the pro- posed use; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the Comprehensive Plan and Floodplain Manage- ment Program for that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood- waters and the effects of wave action, if applicable, expected at the site; and 11. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. Flood Damage Prevention Ordinance Page 15 of 23 E. A written report addressing each of the above factors shall be submitted with the application for a variance. F. Upon consideration of the factors listed above and the purposes of this Ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this Ordinance. G. Any applicant to whom a variance is granted shall be given written notice specifying the differ- ence between the Base Flood Elevation (BFE) and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance. H. The Floodplain Administrator shall maintain the records of all appeal actions and report any vari- ances to the Federal Emergency Management Agency and the State of North Carolina upon request. I. Conditions for Variances 1. Variances shall not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances. 2. Variances shall not be issued within any designated floodway or non -encroachment area if the variance would result in any increase in flood levels during the base flood discharge. 3. Variances shall only be issued upon a determination that the variance is the minimum neces- sary, considering the flood hazard, to afford relief. 4. Variances shall only be issued prior to development permit approval. 5. Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship; and c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordi- nances. A variance may be issued for solid waste disposal facilities or sites, hazardous waste manage- ment facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all of the following conditions are met. 1. The use serves a critical need in the community. 2. No feasible location exists for the use outside the Special Flood Hazard Area. 3. The reference level of any structure is elevated or floodproofed to at least the Regulatory Flood Protection Elevation. 4. The use complies with all other applicable Federal, State and local laws. Flood Damage Prevention Ordinance Page 16 of 23 5. Pitt County has notified the Secretary of the North Carolina Department of Crime Control and Public Safety of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance. Section 19. Provisions for Flood Hazard Reduction — General Standards In all Special Flood Hazard Areas the following provisions are required: A. All new construction and substantial improvements shall be designed (or modified) and ade- quately anchored to prevent flotation, collapse, and lateral movement of the structure. B. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. C. All new construction and substantial improvements shall be constructed by methods and prac- tices that minimize flood damages. D. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding to the Regulatory Flood Protection Elevation. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, duct- work, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, and electric out- lets/switches. E. All new and replacement water supply systems shall be designed to minimize or eliminate infiltra- tion of floodwaters into the system. F. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into flood waters. G. On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. H. Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this Ordinance, shall meet the requirements of "new construction" as contained in this Ordinance. I. Nothing in this Ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this Ordinance and located totally or partially within the floodway, non -encroachment area, or stream setback, provided there is no additional encroach- ment below the Regulatory Flood Protection Elevation in the floodway, non -encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this Ordinance. J. New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in Section 18(J). A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the Regulatory Flood Protection Elevation and certified in accordance with the provisions of Section 15(C). K. All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage. Flood Damage Prevention Ordinance Page 17 of 23 L. All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. M. All subdivision proposals and other development proposals shall have adequate drainage pro- vided to reduce exposure to flood hazards. N. All subdivision proposals and other development proposals shall have received all necessary per- mits from those governmental agencies for which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. O. When a structure is partially located in a Special Flood Hazard Area, the entire structure shall meet the requirements for new construction and substantial improvements. P. When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest Base Flood Elevation (BFE) shall apply. Section 20. Provisions for Flood Hazard Reduction — Specific Standards In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, as set forth in Section 7 or Section 21, the following provisions, in addition to the provisions of Section 19, are required: A. Residential Construction. New construction and substantial improvement of any residential struc- ture (including manufactured homes) shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation, as defined in Section 5 of this Ordi- nance. B. Non -Residential Construction. New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation, as defined in Section 5 of this Ordinance. Structures located in A, AE, AO, and Al-30 Zones may be floodproofed to the Regu- latory Flood Protection Elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the Regulatory Flood Protection Eleva- tion are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Section 15(C), along with the operational plan and the inspection and maintenance plan. C. Manufactured Homes. New and replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the Regulatory Flood Protection Elevation, as defined in Section 5 of this Ordinance. Flood Damage Prevention Ordinance Page 18 of 23 2. Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the most current edition of the State of North Carolina Regula- tions for Manufactured Homes adopted by the Commissioner of Insurance pursuant to NCGS 143-143.15. Additionally, when the elevation would be met by an elevation of the chassis thirty-six (36) inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty- six (36) inches in height, an engineering certification is required. 3. All enclosures or skirting below the lowest floor shall meet the requirements of Section 20(D). 4. An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management Coordinator. D. Elevated Buildings. Fully enclosed area, of new construction and substantially improved struc- tures, which is below the lowest floor: Shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas; 2. Shall be constructed entirely of flood resistant materials at least to the Regulatory Flood Protection Elevation; and 3. Shall include, in Zones A, AO, AE, and Al-30, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria: a. A minimum of two flood openings on different sides of each enclosed area subject to flooding; The total net area of all flood openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding; c. If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit; d. The bottom of all required flood openings shall be no higher than one (1) foot above the adjacent grade; e. Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and f. Enclosures made of flexible skirting are not considered enclosures for regulatory pur- poses, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above. E. Additions/Improvements Flood Damage Prevention Ordinance Page 19 of 23 Additions and/or improvements to pre -FIRM structures when the addition and/or improve- ments in combination with any interior modifications to the existing structure are: a. Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more non -conforming than the existing structure. b. A substantial improvement, both the existing structure and the addition and/or improve- ments must comply with the standards for new construction. 2. Additions to post -FIRM structures with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction. Additions and/or improvements to post -FIRM structures when the addition and/or improve- ments in combination with any interior modifications to the existing structure are: a. Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction. b. A substantial improvement, both the existing structure and the addition and/or improve- ments must comply with the standards for new construction. F. Recreational Vehicles. Recreational vehicles shall either: 1. Be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or 2. Meet all the requirements for new construction. G. Temporary Non -Residential Structures. Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a hurricane, flash flood or other type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval: 1. A specified time period for which the temporary use will be permitted. Time specified may not exceed three (3) months, renewable up to one (1) year; 2. The name, address, and phone number of the individual responsible for the removal of the temporary structure; 3. The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification); 4. A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and 5. Designation, accompanied by documentation, of a location outside the Special Flood Hazard Area, to which the temporary structure will be moved. H. Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to be placed within a Special Flood Hazard Area, the following criteria shall be met: Flood Damage Prevention Ordinance Page 20 of 23 1. Accessory structures shall not be used for human habitation (including working, sleeping, liv- ing, cooking or restroom areas); 2. Accessory structures shall not be temperature -controlled; 3. Accessory structures shall be designed to have low flood damage potential; 4. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; 5. Accessory structures shall be firmly anchored in accordance with the provisions of Section 19-A; 6. All service facilities such as electrical shall be installed in accordance with the provisions of Section 19(D); and 7. Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be pro- vided below Regulatory Flood Protection Elevation in conformance with the provisions of Section 20(D)(3). An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodproofing certificate. Elevation or floodproofing certifica- tions are required for all other accessory structures in accordance with Section 7. Section 21. Standards for Floodplains Without Established Base Flood Elevations Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Section 7, where no Base Flood Elevation (BFE) data has been provided by FEMA, the following provisions, in addi- tion to the provisions of Section 19, shall apply: A. No encroachments, including fill, new construction, substantial improvements or new develop- ment shall be permitted within a distance of twenty (20) feet each side from top of bank or five times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B. The BFE used in determining the Regulatory Flood Protection Elevation shall be determined based on the following criteria: 1. When Base Flood Elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provi- sions of this Ordinance and shall be elevated or floodproofed in accordance with standards in Section 19 and Section 20. 2. When floodway or non -encroachment data is available from a Federal, State, or other source, all new construction and substantial improvements within floodway and non -encroachment areas shall also comply with the requirements of Section 20 and Section 23. 3. All subdivision, manufactured home park and other development proposals shall provide Base Flood Elevation (BFE) data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such Base Flood Elevation (BFE) data shall be adopted by reference in accordance with Section 7 and utilized in implementing this Ordi- nance. 4. When Base Flood Elevation (BFE) data is not available from a Federal, State, or other source as outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or Flood Damage Prevention Ordinance Page 21 of 23 above the Regulatory Flood Protection Elevation, as defined in Section 5. All other applicable provisions of Section 20 shall also apply. Section 22. Standards for Riverine Floodplains With Base Flood Elevations but Without Estab- lished Floodways or Non -Encroachment Areas Along rivers and streams where Base Flood Elevation (BFE) data is provided by FEMA or is available from another source but neither floodway nor non -encroachment areas are identified for a Special Flood Hazard Area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas: A. Standards of Section19 and Section 20; and B. Until a regulatory floodway or non -encroachment area is designated, no encroachments, includ- ing fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is pro- vided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community. Section 23. Floodways and Non -Encroachment Areas Areas designated as floodways or non -encroachment areas are located within the Special Flood Hazard Areas established in Section 7. The floodways and non -encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projec- tiles. The following provisions, in addition to standards outlined in Section 19 and Section 20, shall apply to all development within such areas: A. No encroachments, including fill, new construction, substantial improvements and other develop- ments shall be permitted unless: 1. It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator prior to issuance of floodplain development permit, or 2. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed encroach- ment. B. If Section 23(A) is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this Ordinance. C. No manufactured homes shall be permitted, except replacement manufactured homes in an exist- ing manufactured home park or subdivision, provided the following provisions are met: 1. The anchoring and the elevation standards of Section 20(C); and 2. The no encroachment standard of Section 23(A). Section 24. Legal Status Provisions A. Effect on rights and liabilities under the existing Flood Damage Prevention Ordinance This Ordinance in part comes forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance enacted August 18, 1980 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provi- Flood Damage Prevention Ordinance Page 22 of 23 sions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this Ordinance shall not affect any action, suit or proceeding insti- tuted or pending. All provisions of the Flood Damage Prevention Ordinance of Pitt County enacted on August 18, 1980, as amended, which are not reenacted herein are repealed. B. Effect upon outstanding Floodplain Development Permits Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his or her authorized agents before the time of pas- sage of this Ordinance; provided, however, that when construction is not begun under such out- standing permit within a period of six (6) months subsequent to the date of issuance of the out- standing permit, construction or use shall be in conformity with the provisions of this Ordinance. C. Severability If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitu- tional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance. D. Effective Date This ordinance shall become effective July 7, 2014. E. Adoption Certification I hereby certify that this is a true and correct copy of the Flood Damage Prevention Ordinance as adopted by the Board of County Commissioners of Pitt County, North Carolina, on the 24th day of March, 2014. WITNESS my hand and the official seal of Pitt County, this the 24th day of March, 2014. (signature) March 24, 2014 1. Added to Section 1. Statutory Authorization: Municipal: The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of Article 19 of Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare. 2. Amended Section 7. Basis for Establishing the Special Flood Hazard Areas to reflect the date of updated Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Maps (FIRM) to July 7, 2014. 3. Amended Section 24. Legal Status Provisions (D) Effective Date to July 7, 2014. Flood Damage Prevention Ordinance Page 23 of 23 North Carolina Sediment Control Law Noah Carolina Sedimentation Control Law The purpose of this section is to highlight the portions of the North Carolina Sedimentation Pollution Control Act of 1973 that may affect individuals involved in construction or other land -disturbing activities. The full text of the law is included in Appendix 8.08. Address specific questions regarding the interpretation of this law to your regional office of the Land Quality Section of the Department of Environment and Natural Resources (DENR). This law is performance oriented: it prohibits visible off -site sedimentation from construction sites but permits the owner and developer to determine the most economical, effective methods for erosion and sedimentation control. This flexibility in the law allows for innovation and considers the uniqueness of each construction site; however, it also requires the developer to plan his activities carefully in light of their erosion potential. To control erosion and sedimentation and satisfy the intent of the law, the developer should employ an integrated system of control measures and management techniques. An effective control system is based on an understanding of the processes of erosion and sedimentation and the basic principles for their control. Chapter 2 discusses these processes and principles. Who is affected? The law governs all land-distrubing activities except agriculture and mining, which is regulated by the Mining Act of 1971. Erosion and sedimentation control are required regardless of the size of the disturbance. The law requires land developers to plan and implement effective temporary and permanent control measures to prevent accelerated erosion and off -site sedimentation. Further, if the installed protective measures do not work, additional measures must be taken. What does the IaW The law requires installation and maintenance of sufficient erosion control practices to retain sediment within the boundaries of require? hat surfaces be on erosive and stable wiithin 15 working It g days or 90 calendar days after completion of the activity, whichever period is shorter. In certain High Quality watersheds this stabilization must be achieved within 15 working days or 60 calendar days after completion of the activity, whichever is shortest. Rev. 6/06 1.1 0 An erosion and sedimentation control plan must be submitted at least 30 days before land disturbance begins on any site 1 acre or larger. The erosion and sedimentation control plan must be approved by the regulatory agency before any land -disturbing activities are begun. The erosion control plan requires a thorough evaluation of the site and the proposed land -disturbing activities in the planning phase of the development. The details and requirements for this plan are found in Chapter 4, Preparing the Erosion and Sedimentation Control Plan. Primary requirements are as follows: • A sufficient buffer zone must be retained or established along any natural watercourse or lake to contain all visible sediment to the first 25% of the buffer strip nearest the disturbed area. An undisturbed 25 foot buffer must be maintained along trout waters. • The angle of cut -and -fill slopes must be no greater than that sufficient for proper stabilization. Graded slopes must be vegetated or otherwise stabilized within 21 calendar days of completion of a phase of grading. • Off -site sedimentation must be prevented, and a ground cover sufficient to prevent erosion must be provided within 15 working days or 90 calendar days, whichever is shorter. What are the Erosion and sedimentation control measures must be designed to provide protection from a rainfall event equivalent in magnitude to the 10-year peak performance runoff. In areas where High Quality Waters (HQW's) are a concern, the design standards? requirement is the 25 year storm. Runoff velocities must be controlled so that the peak runoff from the 10-year frequency storm occurring during or after construction will not damage the receiving stream channel at the discharge point. The velocity must not exceed the greater o£ • the maximum non -erosive velocity of the existing channel, based on soil texture (Table 8.05d, Appendix 8.05), or • peak velocity in the channel prior to disturbance. If neither condition can be met, then protective measures must be applied to the receiving channel. Who is responsible During construction, the person financially responsible for site development is for maintenance? responsible for maintenance of the erosion and sedimentation control practices installed. The landowner may also be held responsible. After construction is complete and the surface is permanently stabilized, responsibility passes to the landowner or the person managing the land. Who enforces the The Sedimentation Pollution Control Act provides authority to the State or authorized local agencies to inspect land -disturbing activities and to prosecute law? violators. Citizens damaged by violations of the Act may also take action through the courts. 1.2 Rev. 6/07 North Carolina Sediment Control Law What are the Civil penalties assessed by the state or authorized localities carry a maximum fine of $5000/day per violation for each day that the site in violation. penalties? Criminal penalties for knowing or willful violations may be imposed to a maximum of 90 days in jail and a $5,000 fine. Administrative stop -work orders or injunction issued by the courts. Who is the The law created the Sedimentation Control Commission to develop and Quern i n � administer North Carolina's sedimentation and erosion control program. g g This program is implemented by the DENR, Land Quality Section under responsible agency? the Commission's direction. Authorized local governments or agencies may adopt their own ordinances; however, local programs must be approved by the Commission and must meet or exceed the minimum standards set by the state. If their programs are approved, local governments administer and enforce them. Because these programs vary widely in content and scope, consult the administering agency to avoid violations of local ordinances. What other activities The state assists and encourages local governments and other state agencies to does the state's develop their own erosion and sedimentation control programs. The DENR reviews local programs as needed to assure uniform enforcement of the Act. program include? The state develops educational and instructional materials to demonstrate methods and practices for erosion and sedimentation control. The state has developed a set of rules pertinent to sedimentation and erosion control. These rules were adopted as Title 15A, Chapter 4 of the North Carolina Administrative Code. The complete text of these rules is provided in Appendix 8.08 and 8.09. Rev. 6/06 1.3 0 1.4 Appendix F: Existing Site Photos GUC Bank Parcel Development Plan Appendices RS' GUC Nutrient & Buffer Bank Parcel —Tar Pam 03 Pitt County Photo Date: 03/12/2019 Aerial View of UT-1 Aerial View of UT-1 1 - ,,..,.,. •awn .�.,,.��.. , b' eY I A� it", �p f NQ YIN, r � i II r � ' _�.� 'y�`r'�'. �- /,f �� �� - r�. �i - RS' GUC Nutrient & Buffer Bank Parcel —Tar Pam 03 Pitt County Photo Date: 03/12/2019 Aerial View of UT-2 (upper reach) Aerial View of UT-2 (upper reach running north to south) RS' GUC Nutrient & Buffer Bank Parcel —Tar Pam 03 Pitt County Photo Date: 03/12/2019 Aerial View of UT-2 (upper reach running north to south) Aerial View of UT-2 (upper reach running north to south) looking at main crossing RS' GUC Nutrient & Buffer Bank Parcel —Tar Pam 03 Pitt County Photo Date: 03/12/2019 eW� Aerial View of UT-2: small farm building, concrete ad, & utility. poll g p y p (all to -be removed) Ground View of UT-2: small farm building, utility poll, and old pipe (all to -be removed) RS' GUC Nutrient & Buffer Bank Parcel —Tar Pam 03 Pitt County Photo Date: 03/12/2019 Aerial View of UT-2 (middle reach running south to north & west to east) Aerial View of UT-2 (middle reach running east to west) RS' GUC Nutrient & Buffer Bank Parcel —Tar Pam 03 Pitt County Photo Date: 03/12/2019 Aerial View of UT-2 (lower reach running south) Aerial View of UT-2 (lower reach running south) RS' GUC Nutrient & Buffer Bank Parcel —Tar Pam 03 Pitt County UT-2 — middle reach, typical Photo Date:03/12/2019 Im �•�CYnw RS' GUC Nutrient & Buffer Bank Parcel —Tar Pam 03 Pitt County Photo Date: 03/12/2019 Aerial View of UT-3 (upper reach running south) Aerial View of UT-3 (upper reach running south) 11 RS' GUC Nutrient & Buffer Bank Parcel —Tar Pam 03 Pitt County Photo Date: 03/12/2019 IX UT-3 — middle reach, typical buffer UT-3 — lower reach, typical buffer RS' GUC Nutrient & Buffer Bank Parcel —Tar Pam 03 Pitt County UT-3 — lower reach, typical AM .. ? N R UT-3 — lower reach, confluence with UT-1 pipe and crossing to -be removed Photo Date: 03/12/2019 13